Probation has a legal cap, wages must be at least 80%, and it can only be agreed once

For a contract of 3 months to 1 year, probation is at most 1 month. For 1 to 3 years, at most 2 months. For 3 years or more, at most 6 months. The same employer may only put you on probation once; a second probation after transfer after regularization is unlawful. Probation wages must not be below the lowest grade for the same post or 80% of the contract wage, and must not be below the local minimum wage.

Cost

No cost. Before signing, spend a few minutes checking the contract term against the probation length.

Benefit

For a contract of more than 3 months but less than 1 year, probation must not exceed 1 month. For more than 1 year but less than 3 years, not more than 2 months. For 3 years or more, and for open-ended contracts with no end date, not more than 6 months. For a contract for a defined piece of work, or a contract of less than 3 months in total, probation may not be agreed. “The same employer and the same employee may agree on probation only once”—one probation round per person at that company. If the contract lists only a probation period, that probation is void and the period counts as the labor contract term. Probation wages “must not be lower than 80% of the lowest grade wage for the same post at the employer or 80% of the wage agreed in the labor contract, and must not be lower than the minimum wage standard at the employer’s location.” If probation exceeds the legal limit and you actually worked, the employer must pay compensation for the excess period at the monthly wage standard after probation ends. During probation the employer may terminate only for the legally listed grounds and must explain the reason to the worker (nationwide).

Notes

Three common violations: a 1-year contract with 3 months of probation; a second probation after transfer following regularization; and “no social insurance during probation”—social insurance obligations start from day one of work regardless of probation; employer duties are in Section 12, Item 16. Being dismissed in probation does not mean zero pay; it depends on whether the employer’s stated reason is one of the lawful grounds for termination. Unlawful termination is compensated at 2N per Item 6.

Sources · 1

1. 全国人大常委会 (2007). 劳动合同法（第十九、二十、二十一、八十三条）. gov.cn/gongbao/content/2007/content_711013.htm