Three-year contract, six-month probation requested by HQ
Check the current Labor Contract Law link between term and maximum probation. HQ policy is not the statute.
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Contracts · 01 Editorial guide
China Employment Contracts: Probation, Open-Ended Terms and Handbooks
Confirm whether a labour relationship exists and what the written terms actually say. Status is not decided by a label on this page.
First job Identify the relationship and contract status before assessing rights or obligations.
Decision railrelationship → written contract → term type → probation → rules/handbook → later change or exit
See routing factsStart here
Key considerations
The first questions are about urgency, governance and preservation — before collection expands or interviews begin.
- Is there a written contract, and is it current?
- Fixed term, open term or project-based?
- Have mandatory terms been addressed?
Direct answer
What this page decides
Owner
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This page covers the written labour relationship: whether a contract exists, its term, probation, and whether workplace rules were adopted in a way that can later support discipline. It does not calculate overtime, severance or visa status. Probation length and pay depend on the contract term under the Labor Contract Law, so confirm the current text rather than treating a blog table as a safe harbour. A second probation with the same employer is a common failure, not a default right. Open-ended contracts have statutory triggers that require review against the facts. Employee-handbook adoption also requires consultation, publication and acknowledgment.
At a glance
Which fact changes the next route
Use the fact that changes ownership or urgency to decide the next move.
| Question | Why it matters | Next route |
|---|---|---|
| No written contract after the start date? | Status and double-wage themes can arise. | Document start date and what was actually signed. |
| Still in probation? | Length, pay and termination grounds differ. | This page; do not invent a second probation. |
| Second fixed term ending? | Open-ended trigger may be in play. | Term-type row on this page. |
| Want to rely on the handbook to dismiss? | Adoption process is part of the evidence. | Handbook workflow below; Termination L4 for the exit. |
| Non-compete in the contract? | Different owner. | Restrictive covenants L4. |
| Foreign national? | Work authorisation is a connected control. | Hiring L4 + Visa hub. |
Scope
What this page owns — and what it does not
Whoemployers and workers in a mainland labour relationship.
This page covers probation, open-ended contracts and employee-handbook adoption.
Exclusionssocial insurance rates (Working time & pay / local SI); severance math (Termination); arbitration procedure (Workplace disputes).
Deep guides /china-employment-contracts-types-probation remain supporting, not a second canonical L4.
Practical workflow
Action, evidence, legal gate, output
| Action | Documents / evidence | Legal gate | Output |
|---|---|---|---|
| Confirm a labour relationship | Work facts, pay, control, entity on the chop | Label on a contractor agreement is not conclusive | Status memo |
| Get the written instrument | Contract, bilingual text, chops, start date | Current version vs side letters | Term sheet of record |
| Set or test probation | Term length, role, pay slips, job description | One probation; pay and conditions must be lawful | Probation file |
| Adopt or update the handbook | Consultation record, publication, acknowledgment | Employee-interest matters need process | Rules file |
| Watch open-ended triggers | Prior terms, service years, employee request | Do not auto-issue a third fixed term blindly | Renewal decision |
| Hand off change or exit | Amendment vs termination pack | Termination L4 owns dismissal | Route |
Documents
What to gather before the next call
These items help clarify the file; they are not a legal requirement list.
| Item | Why needed | Who holds it | Risk if missing |
|---|---|---|---|
| Signed labour contract and annexes | Term, job, pay, probation | HR | Dispute over what was agreed |
| Start-date evidence | Written-contract clock | HR / manager | Missing writing after work began |
| Probation appraisal | If ending during probation | Line manager | No evidence of the standard used |
| Handbook consultation and sign-off | Later discipline | HR | Rules treated as unenforceable |
| Prior contract history | Open-ended triggers | HR | Illegal fixed-term chain |
Common failure points
Where files usually break
A second probation after a role change with the same employer.
Probation pay below the statutory floor relative to the job wage.
English offer letter that does not match the Chinese contract.
Handbook emailed as a PDF with no consultation record.
Assuming an open-ended contract cannot be terminated.
Using a contractor template for someone under daily control.
Illustrative forks · not case advice
Moments where sequence matters
Second fixed term expiring
Map open-ended triggers before issuing another fixed term as a ‘habit’.
Dismissal for ‘violation of handbook’ never signed
Adoption evidence is this page; the exit process is Termination L4.
FAQ
Narrow follow-ups owned by this page
Can there be two probation periods?
Treat a second probation with the same employer as high-risk. Confirm the current statute; do not rely on a rotation of job titles.
Does an open-ended contract mean lifetime employment?
No. Grounds and procedure still matter. See Termination L4.
Is a handbook a contract?
It is a set of rules. Process and consistency decide whether it can support discipline.
Where is social insurance?
Working time & pay L4 for employer duties; local contribution practice is not hard-coded here.
Decision map
Keep the question bounded.
- Confirm the relationshipLabour contract versus other engagement models.
- Read the current instrumentTerm, probation, job and pay.
- Note later-stage linksChange, pay and exit questions belong on their own routes.
Quick answers
Need the short version? Start with one narrow question.
These explainers answer one question. They do not replace this topic route or a deep guide.
Quick AnswerOpen-Term Employment Contracts in ChinaOpen-term China labor contracts: no end date, two-fixed-term conversion, ten-year service, and why a third fixed term is a dispute risk.Quick AnswerFixed-Term Employment Contracts in ChinaFixed-term China labor contracts: end date, renewal, consecutive-term count, probation cap, and how expiry differs from firing.Quick AnswerChina Employment Contracts: Types, Writing and ProbationChina employment contracts: written form, fixed-term vs open-term, probation caps and pay, and why missing writing triggers double wage.Quick AnswerProbation Periods in ChinaProbation length is capped by contract term; termination during probation still needs lawful grounds. Reviewed 6 Sep 2026.Quick AnswerEmployee Handbook in ChinaChina employee handbooks: democratic consultation, publication, lawful content, and why an English HQ PDF rarely supports dismissal.Quick AnswerWhat happens if a written employment contract is late in China?A focused guide to the written-contract clock, double salary exposure and open-ended conversion.
Curated resources
Open the asset that matches this job.
Helpful to prepare
Facts that make the next conversation clearer.
These items are orientation aids, not a legal requirement list.
Current contract and amendmentsStart date and term typeRole, location and pay terms
Counsel hand-off
What to bring when you instruct
Instruct employment counsel. Bring: all contracts, start date, probation paperwork, handbook consultation file, and the action you want to take next.
Local context
Add the city only when it changes implementation.
Social insurance, labour-bureau practice and arbitration forums vary by city after the national framework is clear.
Open city and province guidesCounsel hand-off
Need employment counsel?
This hub organises workforce questions. It does not decide status, grounds, severance or a dispute outcome on your facts.
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Who reviewed this guide
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Use the portal to identify counsel for this practice and related China-side issues.