What Is Probationary Evaluation?
Probationary evaluation is a structured assessment of an employee’s suitability for a role during an agreed probation period. It examines whether the employee meets previously communicated recruitment conditions, can perform the expected work, and has received clear feedback while learning the role. See the probation period in China rules for the lawful term, pay and dismissal framework.
In mainland China, an evaluation is a management process within an existing employment relationship. Probation does not precede the labor contract, create at-will employment, or give the employer an unrestricted right to dismiss someone who is considered a poor fit.
How the Evaluation Works
A useful probationary evaluation starts before the first review meeting. The employer identifies the duties and measurable recruitment conditions for the role, communicates them to the employee, and sets checkpoints while the employee is still within a lawful probation period.
- At the start: Share the job description, recruitment conditions, quality and performance standards, and the review timetable.
- During probation: Collect examples of completed work, provide specific feedback, record training or support, and give the employee an opportunity to respond.
- Before probation ends: Compare the documented evidence with the stated recruitment conditions and determine which lawful employment action, if any, is appropriate.
A scorecard is useful only when its standards relate to the actual job. General labels such as ‘poor fit’ or ‘not proactive enough’ do not, by themselves, demonstrate that the employee failed a lawful recruitment condition.
Probation Lengths in China
Article 19 of China’s Labor Contract Law links the maximum probation period to the term of the employment contract:
| Employment contract term | Maximum probation |
|---|---|
| Less than 3 months | Not permitted |
| At least 3 months but less than 1 year | 1 month |
| At least 1 year but less than 3 years | 2 months |
| 3 years or longer, or open-ended | 6 months |
| Contract for completion of a specific task | Not permitted |
The probation period is included within the signed labor contract; an arrangement that specifies only probation is not a valid stand-alone probation period. The same employer may agree to only one probation period with the same employee, including when an employee is rehired for a different role. For non-full-time employment under the Labor Contract Law’s special regime, probation is not permitted.
What Should Be Evaluated?
The assessment criteria should be tied to essential work and communicated clearly enough that the employee understands what success looks like.
- Role competence: Can the employee carry out the core tasks and use the systems or equipment required for the role?
- Work quality: Are deliverables accurate, timely and consistent with stated standards?
- Job-related conduct: Does the employee follow lawful safety instructions, relevant workplace rules and legitimate reporting requirements?
- Learning and feedback: Are specific shortcomings documented, and what support or feedback has already been provided?
Not every criterion must have a numerical target, but assessments should be factual, consistent and related to requirements disclosed during hiring. Where training is provided, retain the training material and attendance or completion records.
Pay and Employee Rights
Probationary employees are employees from the beginning of the employment relationship. Employers must observe applicable rules on wages, working hours, statutory social insurance and other labor protections during probation.
Under the Labor Contract Law and its implementing regulations, probation pay must meet the statutory 80% comparison involving the lowest wage grade for a comparable role or the wage agreed in the labor contract, and cannot be below the applicable local minimum wage. Employers should check the legally applicable comparison and local requirements rather than adopting a blanket ‘80% salary’ policy.
An employee may generally resign during probation by giving three days’ notice under Article 37. The employer does not have a matching unrestricted three-day termination right.
Can an Employer Dismiss a New Hire?
A failed performance review is not automatically a lawful termination ground. Under Article 39(1), an employer relying on failure to meet recruitment conditions must be able to prove that those conditions were established, communicated and not met during the lawful probation period. Article 21 also requires the employer to state the reason when terminating employment during probation.
Different statutory termination grounds have different requirements. Employers should not re-label routine dissatisfaction as misconduct or assume that the end of a probation period ends the employment contract.
Evidence commonly includes the acknowledged recruitment conditions, dated work samples, evaluation results, manager feedback and records showing when the termination decision and notice were made. The legal employer should review the complete evidence and any required procedure before communicating a decision.
Can Probation Be Extended?
Probation cannot simply be restarted or lengthened because a manager wants additional time. Any proposed adjustment must comply with the single-probation rule, the maximum duration allowed for the labor contract, and the requirements for lawful contract changes. An agreement that exceeds the statutory maximum does not make the excess period lawful.
If the employee continues working after probation ends, the employment relationship continues under the existing labor contract. There is no separate requirement to sign a new ‘permanent’ contract merely because the initial probation review was passed.
A Practical Review Example
A new operations coordinator signs a two-year labor contract. The maximum statutory probation period is two months. At onboarding, the employer shares three recruitment conditions: accurate data entry, timely processing of assigned requests, and compliance with job-specific procedures.
The manager holds a progress review after several weeks, gives examples of errors and documents the feedback. Before the two months expire, a final review compares the employee’s actual work with the stated conditions. If the employee is confirmed in the role, the existing contract continues. If the employer is considering termination, it must evaluate whether the evidence establishes a lawful statutory ground; a disappointing score alone is not enough.
Further Reading
A probationary evaluation must be supported by clear recruitment conditions and evidence, not simply a manager’s dissatisfaction. China’s labor-law requirements also govern the contract, probation limits and any proposed dismissal.
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