Money & workIdea 3 · 2 min read

Probation has statutory limits and wage protections, and the same employer gets only one probation period

Grade A evidenceValue: High
In plain language

Chinese contracts of 3 months to under 1 year allow at most 1 month's probation; 1 to under 3 years allow 2 months; at least 3 years or an open-ended contract allow 6. An employer cannot restart probation after a transfer. Probation wages must meet the statutory same-role/80%-of-agreed-pay rule and the local minimum wage.

MoneyNo cost
TimeQuick and easy
EffortLittle effort

What it takes

Free. Compare the contract term and probation length before signing.

What you may gain

Probation maxima are 1 month for contracts ≥3 months but <1 year, 2 months for ≥1 but <3 years, and 6 months for ≥3 years or open-ended contracts. Task-completion contracts and terms below 3 months cannot include probation. The same employer and worker may agree probation only once. A contract stating only probation treats that period as the contract term, not valid probation. Pay may not be below the lowest same-role wage in the employer or 80% of the agreed wage, and must meet the local minimum. Actually served unlawful excess probation requires additional compensation at the post-probation monthly wage for the excess period. Dismissal during probation requires statutory grounds and an explanation.

Context & considerations

Common violations include 3 months' probation on a 1-year contract, renewed probation after transfer, and no social insurance during probation. Insurance starts with employment; see employer obligations. Probation dismissal does not automatically mean no payment; assess the legal grounds. Unlawful termination may attract 2N compensation.

Research & references

NPC Standing Committee (2007). Labor Contract Law, Articles 19–21 and 83. http://www.gov.cn/gongbao/content/2007/content_711013.htm