Probation Period Rights Under Chinese Employment Law 2026

Direct answer: Under Chinese law, the probation period (试用期) is a legally regulated part of an employment contract, not a "free trial" for employers. Employees on probation have nearly all the same rights as regular employees, including minimum wage protections, social insurance coverage, and protection against arbitrary dismissal. The maximum probation period is strictly capped at 6 months, and many probation clauses are illegal if they violate the Labor Contract Law.

1. Core Conditions: What the Law Says

The Labor Contract Law of the People's Republic of China (2008, amended 2023) is the primary source. Article 19 sets the key rules:

• Contract duration determines probation length:
  • For contracts lasting 3 months to less than 1 year: probation ≤ 1 month.
  • For contracts lasting 1 year to less than 3 years: probation ≤ 2 months.
  • For contracts lasting 3 years or more (including open-ended): probation ≤ 6 months.
• No probation for short contracts: If the contract is less than 3 months, or if the job is seasonal/task-based and will finish within 3 months, no probation period is allowed.
• Only one probation period per employer: You cannot have multiple probation periods for the same employer, even if you change roles.
• Probation must be included in the contract: It cannot be added verbally or in a separate agreement after signing.

Important: If an employer sets a probation period longer than legally allowed, the excess period is invalid. The employee is entitled to full pay for that excess time, and the employer may face a fine (Article 83, Labor Contract Law).

2. Legal Basis: Your Rights During Probation

The Civil Code (2021) also applies because employment contracts are civil agreements. Key principles include good faith (Article 7) and fair dealing (Article 6). This means employers cannot use probation to deceive or exploit workers.

Wage Rights

Article 20, Labor Contract Law: Your probation wage cannot be lower than:

• 80% of the agreed post-probation wage, and
• The minimum wage in your city or province.

For example, if your post-probation salary is ¥10,000/month, your probation salary cannot be less than ¥8,000 (unless the local minimum wage is higher).

Social Insurance and Housing Fund

From day one of probation, the employer must enroll you in:

• Pension insurance (养老保险)
• Medical insurance (医疗保险)
• Unemployment insurance (失业保险)
• Work-related injury insurance (工伤保险)
• Maternity insurance (生育保险)
• Housing provident fund (住房公积金)

Common mistake: Some employers say "no insurance during probation." This is illegal. If they refuse, you can report them to the local social insurance bureau or labor inspection authority.

Termination Rights

During probation, the employer cannot fire you without cause. The law (Article 39, Labor Contract Law) allows termination only if:

• You are "proved" not to meet the recruitment conditions (the employer must have clear, written criteria and evidence of failure).
• You commit serious misconduct (theft, fraud, etc.).
• You cause major damage through negligence.
• You have a criminal conviction related to the job.

If the employer fires you without meeting these conditions, it is illegal dismissal. You can claim reinstatement or compensation (2 months' salary as a penalty, per Article 87).

Sick Leave and Annual Leave

During probation, you are entitled to sick leave (病假) if you have a medical certificate. The employer cannot fire you solely for taking sick leave. Annual leave (年假) accrues from your start date, but actual use may require employer approval.

3. Practical Steps: How to Protect Yourself

1. Read the contract carefully before signing. Check the probation period length, wage, and whether social insurance is mentioned. If anything is blank or vague, ask for clarification in writing.
2. Keep a copy of the signed contract. The employer must give you a signed copy within one month. If they refuse, you can demand it.
3. Document your work performance. If the employer later claims you failed probation, they need evidence. Save emails, performance reviews, and task assignments.
4. Verify social insurance enrollment. After your first month, check with the local social insurance bureau or use the government app (e.g., 掌上12333) to confirm contributions.
5. If fired during probation, ask for a written reason. If the reason is vague (e.g., "not suitable"), it is likely illegal. You have 30 days to apply for labor arbitration.
6. Know the arbitration process. Labor disputes go to the local Labor Dispute Arbitration Commission first. The process is free and usually takes 45 days. You can also call 12333 (national human resources hotline) for guidance.

4. Common Pitfalls and Caveats

• "Probation extension" is illegal. If your contract says "probation may be extended," that clause is void. The only exception is if both parties agree to a new contract with a longer duration (but still within legal limits).
• No "probation without pay." Unpaid internships or "trial days" are illegal if they involve real work. The minimum wage applies.
• Probation does not extend the contract term. If your contract is for 2 years, probation is part of those 2 years, not an addition.
• Foreign employees have the same rights. If you have a work visa (Z visa), Chinese labor law applies equally to you. Your probation period and wages are protected.
• Local regulations may vary. For example, Shanghai has specific rules on probation for foreign experts. Always check local implementation rules.

5. Frequently Asked Questions (FAQ)

Q1: Can my employer fire me during probation without any reason?

No. The employer must have a legal reason (e.g., you failed the probation criteria). They cannot fire you simply because they "changed their mind." If they do, you can claim compensation (2 months' salary as penalty).

Q2: I am on probation for 6 months, but my contract is only 2 years. Is this legal?

No. For a 2-year contract, the maximum probation is 2 months. Any extra months are invalid, and you are entitled to full pay for those extra months. You can also demand compensation if the employer insists.

Q3: My employer says I must pay for training during probation. Is that legal?

No. Employers cannot charge employees for training, uniforms, or any other costs during probation. This would violate Article 9 of the Labor Contract Law, which prohibits "deposit or other property" from employees.

Q4: Can I quit during probation without notice?

Yes, with 3 days' notice. Under Article 37 of the Labor Contract Law, during probation you only need to give 3 days' written notice (not 30 days). The employer cannot withhold your final pay or social insurance.

Q5: What if my employer never gave me a written contract?

If you work without a written contract for more than one month, the employer must pay you double wages (Article 82, Labor Contract Law). You also have the right to demand a contract at any time. The probation period is not valid without a written contract, so you are considered a regular employee from day one.

6. Conclusion and Call to Action

Probation in China is not a legal loophole for employers. The law gives you strong protections: a capped duration, minimum wage, social insurance, and fair termination rules. If your employer violates these rights, you have the right to complain to the local labor bureau (12333 hotline) or apply for labor arbitration.

Remember: Laws and regulations are subject to change and local interpretation. For authoritative answers, consult a licensed lawyer or call 12348 China Legal Services.

Need specific advice for your situation? Use our online legal assistant to check your probation contract, calculate your legal compensation, or draft a demand letter. Just describe your case—we will guide you step by step.