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Employment in China: restrictions on probation period

Time:2017-07-08 21:02:01Source:Click:

The Labor Contract Law of China allows the employer and the employee to provide probation period in the employment contract. However, to prevent the employer possible abuse of such terms, it also provides some restictions on the probation period terms. The restrictions include the following:

a. Where the term of a labor contract is above three months but less than one year, the probation period thereof shall not be more than one month.

b. Where the term of a labor contract is above one year but less than three years, the probation period thereof shall be less than two months.

c. With respect to a labor contract with a fixed period of above three years or without a fixed period, the probation term thereof shall not be in excess of six months.

d. An employer can only stipulate one probation period with a same worker.

e. No probation period may be stipulated in a labor contract with a period to complete the prescribed work or a labor contract with a fixed period of less than three months.