A probation clause in China is valid only within the statutory limits and as part of the employment-contract term. It is not a free-termination window. The employer must be able to show a lawful ground, including evidence that the employee failed recruitment conditions where that ground is used, and must follow the required procedure.
The permitted maximum depends on the contract term. A contract lasting three months to less than one year permits no more than one month; one year to less than three years permits no more than two months; and a contract of at least three years or an open-ended contract permits no more than six months.
Statutory duration limits
- Less than three months: no probation.
- Three months to less than one year: maximum one month.
- One year to less than three years: maximum two months.
- Three years or more, or an open-ended contract: maximum six months.
A contract limited to completion of a task may not use probation. Probation must sit inside the employment term; an agreement containing only a probation period treats that period as the employment-contract term.
Only one probation period
An employer may agree only one probation period with the same employee. Renewal, transfer, promotion or rehiring does not automatically create a right to impose another probation. Employers should check prior service and group-company arrangements before issuing terms.
Wages and social insurance
During probation, wages may not be lower than 80 percent of the agreed post or contract wage and may not fall below the local minimum wage. The employment relationship already exists, so social-insurance and other statutory obligations are not deferred until confirmation.
Define recruitment conditions before work starts
If the employer may rely on failure to satisfy recruitment conditions, those conditions should be specific, lawful, measurable and communicated when hiring. A job description, objective targets, required licences, conduct standards and an acknowledgement are stronger than a later assertion that the employee was “not suitable.”
Keep interview records, application materials, signed criteria, training records, work product, warnings, assessment evidence and the employee's response. Criteria that are discriminatory, impossible, unrelated to the role or invented after the event are vulnerable.
Termination during probation
The employer may terminate only on a statutory ground. It must explain the reason to the employee. Where a trade union exists, the Labor Contract Law's union-notification rule should also be assessed. The notice should identify the ground and supporting facts rather than merely state that probation was unsuccessful.
An employee may generally terminate during probation with three days' advance notice. Contract language should not impose an unlawful penalty for exercising that right, although separate lawful training-service or confidentiality obligations may still matter.
Unlawful termination risk
If the employer cannot prove the statutory ground or procedure, the dismissal may be unlawful. Depending on the claim and remedy sought, exposure can include reinstatement or compensation calculated by reference to the statutory severance framework, plus wage or social-insurance issues.
Employer checklist
- Use a written employment contract and lawful probation cap.
- Confirm no prior probation with the same employer.
- Provide written, role-specific recruitment conditions.
- Pay the statutory wage floor and register social insurance.
- Assess promptly and preserve contemporaneous evidence.
- State the legal ground and facts in the termination notice.
- Check union, protected-status and local procedural requirements.
Primary sources and review date
- Labor Contract Law, including Articles 19–21
- Ministry of Human Resources and Social Security official Chinese text
Reviewed 8 September 2026. General information only; local rules, protected status and the evidence available can change the result.
