Last updated: November 2, 2026
Introduction
A probation period in China (试用期, shìyòngqī) is part of employment, with maximum lengths of one, two or six months depending on the labor-contract term; some contracts cannot include it. The same employer and employee may agree probation only once. Probation pay must meet the applicable statutory wage comparison and local minimum wage, and social-insurance obligations start with employment. An employer may end employment during probation only on a lawful basis with supporting evidence and the required procedure.
For the agreement as a whole, review China employment contract requirements.
Maximum probation period by contract term
| Labor-contract term | Maximum probation | Legal basis |
|---|---|---|
| Less than 3 months | None | Labor Contract Law, Article 19 |
| Completion of a specific task, regardless of its duration | None | Article 19 |
| At least 3 months but less than 1 year | 1 month | Article 19 |
| At least 1 year but less than 3 years | 2 months | Article 19 |
| Fixed term of at least 3 years, or an open-ended contract | 6 months | Article 19 |
A contract lasting exactly three months is eligible for up to one month; exactly one year falls in the two-month band, and exactly three years in the six-month band. These are maximums, not mandatory periods. There is no separate twelve-month allowance for managers. Under Article 19 of the Labor Contract Law, the same employer and employee may agree probation only once; a new position or renewed contract does not automatically create a new entitlement.
Probation counts toward the labor-contract term. An agreement containing only probation does not create a separate trial contract: Article 19 treats that period as the labor-contract term. Non-full-time employment cannot include probation under Article 70.
Consequences of an unlawful probation clause
Article 83 requires correction of an unlawful probation agreement. If the unlawful probation has already been performed, compensation is based on the post-probation monthly wage for the excess period actually served beyond the lawful limit. This is distinct from unpaid wage differences and compensation for an unlawful dismissal. The legal consequences require the actual contract and service history; do not treat every defective clause as the same fixed fine.
Understanding Probation Periods in China
Definition and legal framework of probation periods
Probation lets the employer assess suitability against recruitment conditions within an existing employment relationship. It is not unpaid pre-employment work or an at-will dismissal window. Keep the contractual period, start date, pay and evaluation criteria consistent with onboarding and payroll records.
The existing court-published English Labor Contract Law is a reference translation; use the current Chinese statute for legal interpretation. The court-published Labour Law supplies the broader employment framework.
Duration of probation periods
Use the contract-term table above. Record the exact start and end dates before work begins, check any prior employment with the same legal employer, and complete the assessment in time. A managerial title does not extend the statutory limit.
Differences between probation periods for different types of employment contracts
Fixed-term contracts follow the one-, two- or six-month bands. Open-ended contracts allow no more than six months; task-based contracts and contracts shorter than three months do not allow probation. Employee consent cannot validate a period beyond the statutory cap or a second probation with the same employer.
Key Rights and Obligations of Employers and employees during probation
Communicate the role and recruitment conditions, provide the required tools and instruction, pay agreed lawful wages on time, and maintain employment and insurance records. The employee should perform the agreed duties and follow lawful, properly communicated policies. Feedback should identify the actual shortfall and give a fair opportunity to explain relevant facts.
Probation pay and social insurance
Article 20 addresses the lowest wage grade for the same position or 80% of the wage agreed in the labor contract, together with the local minimum-wage floor. Article 15 of the Implementing Regulations expresses the comparison as no less than 80% of the employer’s lowest same-position wage grade or 80% of the contract wage, and in either case no less than the employer-location minimum wage. Keep the statutory “or” distinction, check the applicable interpretation and wage structure, and honor any higher agreed wage; this is not permission to reduce an agreed salary automatically.
Check the local minimum wage and effective date. Describe gross pay and lawful employee deductions clearly. A percentage stated in an offer does not excuse paying below the relevant statutory floor.
Probation is not a social-insurance waiting period. Coverage and contribution duties arise with employment where the employee is subject to the scheme. Social Insurance Law, Articles 58 and 60 require registration within 30 days of employment and timely, full contribution payment. The registration window does not postpone the start of employment or permit the employer to wait until probation is passed. Check the local contribution month and filing process.
Benefits and Challenges of Probation Periods
Benefits of probation periods for employers
Use the lawful assessment window to test the previously stated recruitment conditions, identify training needs and decide whether the employment arrangement works in practice. It supports an informed decision when documented; it does not remove statutory employment protections.
Challenges faced by employers and employees during probation periods
Short assessment windows, unclear targets, missing feedback and inconsistent manager records can weaken a decision. Agree who tracks the milestones, who holds the evidence and when HR must review an exception. Avoid waiting until the final day to collect facts.
Best Practices for Employers
Effective strategies for utilizing probation periods
Prepare the recruitment conditions and evaluation dates before the employee starts; align the offer, labor contract and handbook. Assign a manager, arrange training and record check-ins. Keep evidence of both successful work and shortfalls rather than only collecting adverse statements after a dismissal decision. Clear onboarding and feedback also support employee retention.
Implementing fair evaluation and feedback mechanisms
A probation evaluation should use measurable, job-related criteria communicated in advance. Record the task, expected standard, result, feedback, employee response and review date. Separate a failure to meet stated recruitment conditions from general underperformance: the statutory grounds and evidence requirements differ.
Compare the employee’s work with the agreed conditions consistently, identify any missing tools or training, and check whether the proposed outcome actually follows from the evidence. A form records an assessment; it does not by itself prove a lawful reason to dismiss.
Terminating an employee during probation
Probation does not mean employment at will. Article 21 permits an employer’s unilateral termination during probation only in Article 39 circumstances or Article 40(1)–(2), and requires the employer to explain its reason. Shanghai HRSS’s official probation-dismissal explanation emphasizes objective proof, rather than a manager’s belief that someone is unsuitable.
| Potential route | What must be established | Procedure / payment distinction |
|---|---|---|
| Article 39(1): failure to meet recruitment conditions | Proven failure against lawful, previously communicated recruitment conditions during the valid probation period | Explain and evidence the reason, decide and deliver the notice within the legally applicable period; check any applicable union procedure. No automatic 30-day notice or statutory severance for a lawful Article 39 dismissal. |
| Other Article 39 grounds | The actual statutory ground, such as serious breach of lawful workplace rules, supported by its own facts | A low evaluation score is not automatically serious misconduct. Follow the ground’s evidence and procedural requirements. |
| Article 40(1): inability to work after the prescribed medical period | After the medical period, inability to do both the original work and another arranged role | Check Article 42 protections; 30 days’ written notice or one month’s pay in lieu, and statutory economic compensation where required. |
| Article 40(2): inability to perform | Continued inability after training or job adjustment, with evidence of both stages | The same Article 40 notice/payment and compensation requirements apply; probation does not dispense with training/adjustment conditions. |
Do not relabel a business slowdown or an unsupported performance opinion as failure to meet recruitment conditions. Review protected circumstances, the proper ground and the complete process with the actual employing entity. For the broader routes, see terminating employees in China.
Evidence checklist for a probation dismissal
| Evidence | When to prepare | Common weakness |
|---|---|---|
| Signed labor contract, valid probation dates and prior-employment check | Before work starts / at onboarding | Excessive duration, second probation, or unclear dates |
| Written recruitment conditions and acknowledgment | Before or at recruitment/onboarding | Criteria invented after failure or only a vague job description |
| Dated work results, assessments and employee responses | Throughout the assessment | Conclusion-only scores, inconsistent standards or missing underlying work |
| Training/adjustment and follow-up records for Article 40(2) | Before relying on that ground | Treating probation failure as a substitute for the required sequence |
| Ground-specific HR/legal review and any required union notification | Before the final decision | Generic reason, unexamined protected circumstances or omitted process |
| Reasoned dismissal notice and proof of delivery | Within the applicable lawful decision period | Backdated notice, missing proof of receipt or decision after the probation ground is no longer available |
Contact HROne to discuss a probation evaluation form through its HR templates service and adapt it to the role, recruitment conditions and local requirements.
Rights and Protections for Employees
Employee rights and protections during probation periods
Probation employees remain entitled to lawful pay, applicable social insurance, safe conditions and statutory employment protections. Apply lawful recruitment criteria consistently and address an employee’s factual response before deciding. An employee can normally resign during probation by giving three days’ notice under Article 37; that employee-side notice rule does not give the employer a three-day dismissal power.
Resolving disputes and grievances during probation
Preserve the contract, recruitment conditions, dated evaluation evidence, pay records and termination notice. Investigate contradictions early. Under Articles 48 and 87, an unlawful dismissal may lead to reinstatement where required or compensation at twice the Article 47 economic-compensation standard. See 2N compensation for unlawful termination; “N” depends on the statutory service and wage rules, not a flat payment promised for every case.
Separately assess Article 83 compensation for unlawful probation actually performed beyond the legal limit and any wage or contribution shortfalls. These are different legal issues; do not assume a generic settlement figure resolves all of them. Document any agreed settlement lawfully and keep the employer’s decision consistent across payroll and employee records.
Probation for employees hired through an EOR
When you hire through HROne’s China EOR, the local legal employer agrees the lawful probation clause in the labor contract. The client supplies role-specific recruitment conditions and documented performance feedback; the legal employer assesses the applicable ground, procedure, pay and communications and implements any lawful employment-ending decision. A client manager’s instruction alone does not complete a dismissal.
Confirm the assessment timetable and escalation contacts at onboarding. Do not promise an extended or renewed probation, or stop salary and contributions, while the parties discuss a performance concern.
Hire with a compliant probation clause through HROne’s China EOR
Conclusion
Choose the probation term from the contract-duration bands, agree lawful pay and begin the applicable insurance process with employment. Define recruitment conditions early and document the assessment. If a dismissal is proposed, check the actual legal ground and procedure before acting; a probation label does not replace either.
FAQ: probation period in China
What is the longest probation period for a labor contract in China?
Six months for a fixed term of at least three years or an open-ended contract. Shorter fixed terms allow at most one or two months as shown in the table. Task-based contracts, terms shorter than three months and non-full-time employment cannot include probation.
Can an employer extend probation or set another probation period?
The same employer and employee may agree probation only once. Do not unilaterally extend it because the assessment is inconclusive, reset it on renewal or exceed the contract-term maximum. Any proposed change to an originally shorter period needs specific legal review of the single agreement, statutory cap and local interpretation; consent alone does not cure an unlawful arrangement.
How much must an employee be paid during probation?
Apply the statutory wage comparison in Article 20 and Implementing Regulations Article 15, the local minimum wage and any higher valid contractual wage. The regulations use 80% of the employer’s lowest same-position wage grade or 80% of contract pay, plus the local floor; confirm the applicable interpretation rather than automatically discounting every salary.
Can an employer dismiss an employee during probation?
Only on a lawful basis and with the required procedure. Article 21 identifies Article 39 grounds and Article 40(1)–(2); the employer must explain the reason. Proving failure to meet previously communicated recruitment conditions differs from asserting general poor performance.
Must social insurance be paid during probation?
Where the employment is subject to the scheme, probation does not defer social-insurance duties. Register within the statutory 30-day window and handle contributions from employment under the applicable local process, rather than waiting for confirmation.
What does probation mean in Chinese labor law?
The term is 试用期 (shìyòngqī): the agreed assessment period within a labor contract. It is part of employment and should not be confused with a separate unpaid trial or probation in criminal law.
