If you’re wondering, “How long is the probation period in China?” you’re not alone. Starting a job in China typically involves a set trial period at the beginning, and understanding its duration is important for both employees and employers. 

The legal probation period in China can range from one month up to six months, depending on the type and length of your contract.

This probation period allows both you and your employer to assess whether the job is a good fit. 

Knowing the rules helps you avoid surprises and ensures you understand your rights while navigating this important phase.

How Long Is the Probation Period in China? Legal Limits Explained

Chinese Labor Law sets clear limits on probation periods. The rules depend on the contract length and are designed to ensure a fair process for both employers and workers.

What the Chinese Labor Law Says About Probation Periods

Article 19 of the Labor Contract Law outlines the procedures for probation periods in China. Probation is not required by law, but most fixed-term and open-ended contracts include one. The aim is to enable employers to assess whether a new employee is a good fit for the job.

During probation, your rights are protected under Chinese labor law. This means you must receive at least the local minimum wage and follow the main contract terms. Some benefits, such as social insurance, remain in effect. 

Probation periods do not replace a regular employment contract; therefore, you must obtain a written contract.

Legal Maximum Durations Based on Contract Length

The length of your probation period depends on how long your employment contract lasts. 

These are the legal maximum durations:

Contract length: 3 months to less than 1 year - Maximum probation period: 1 month

Contract length: 1 year to less than 3 years - Maximum probation period: 2 months

Contract length: 3 years or open-ended (no fixed term) - Maximum probation period: 6 months

These limits apply to each contract, not each job. If you have a series of contracts with short breaks, the probation period can only be used once. 

For contracts of less than 3 months, probation is not permitted.

Can You Skip the Probation Period in China?

You can agree with your employer to skip the probation period. This is permitted under Chinese Labor Law, but it doesn't occur frequently. Most employers prefer to use probation as a trial period before making permanent hiring decisions.

Key points:

• The probation period is optional, not mandatory.
• Both parties must agree in writing to waive probation.
• Even if you skip probation, your full rights and protections will take effect immediately.

In most cases, including probation in your contract is standard practice; however, you do have the option to request its removal.

📌 Also Read: Labor and Employment Lawyers in China: A Complete Guide

How Long Is the Probation Period in China: Employer and Employee Rights During the Period

Probation periods in China are clearly regulated under labor law. Understanding what employers can do, your rights as an employee, and the rules about ending or extending probation helps protect you at work.

What Employers Can and Can’t Do During Probation

Employers in China have more freedom to terminate employment during probation, but they must still comply with legal requirements.

They must:

• Provide valid reasons for termination that relate to your performance or ability.
• Treat all employees fairly and equally. Discrimination based on gender, age, ethnicity, religion, or other protected characteristics is prohibited.

What employers cannot do:

• Dismiss you without giving an actual reason.
• Subject you to working conditions that are different from your contract.
• Dismiss you simply because you filed a complaint or used your legal rights.

Employers must still respect your basic dignity and legal protections.

Rights Employees Maintain During Probation

You keep important rights during probation. Your employer must pay at least the local minimum wage and cannot reduce your agreed salary below legal standards.

You also have the right to:

• Be covered by social insurance contributions.
• Access statutory benefits, such as paid sick leave and rest days.
• Work in safe and healthy conditions.

Probation does not mean you can be underpaid, made to work longer hours without pay, or denied required time off.

Harassment and abuse are strictly illegal, even during probation.

Termination Rules During Probation

If you are terminated during probation, your employer must provide at least three days’ written notice.

Valid reasons for ending probation include poor work performance, inability to meet basic job requirements or clear violations of company policies. Termination must have a factual and specific basis.

Termination cannot be:

• Because you belong to a protected group (such as age or gender).
• For reasons unrelated to your job or performance.
• In violation of the labor contract terms.

You have the right to ask for a clear explanation of the reason for termination.

📌 Read More: How To Terminate a Contract With a Chinese Supplier Effectively

Probation Extensions: Are They Legal?

Probation periods in China are typically specified at the beginning of the employment contract. Extensions are not permitted once the term has been agreed upon.

• The maximum probation period typically depends on the contract length, often ranging from six months to a year, including for multi-year contracts.
• If your probation period was set correctly in the contract, it cannot be extended by your employer for any reason.
• Any attempt by your employer to force an extension is unlawful and may be reported to labor authorities.

Always review your contract and keep a copy for your records. If probation is extended unlawfully, you have the right to seek help and compensation.

What Happens After the Probation Period in China?

After your probation period ends, your job status will change. Chinese labor law establishes clear guidelines for what happens next and how contracts are managed.

Automatic Conversion Rules

If you complete your probation period and your employer does not provide you with a notice of termination, your role will convert to a regular, formal employment status.

 There is no need for a new contract or extra paperwork if you and your employer both want to continue.

According to Chinese labor law:

• You become a permanent employee, and your benefits and job security increase.
• Your basic job terms, like salary and work hours, remain as stated in your signed contract.
• Your employer cannot dismiss you without following legal procedures and giving a justified reason.
• If you have completed your probation without major issues, you are generally expected to continue in your role.
• The probation-specific rules, such as easier termination standards or lower benefits, no longer apply.

Check your employment contract for any special terms, but these are the standard legal requirements throughout China.

Renewal or Extension Restrictions

Companies in China are not allowed to extend their probation period beyond the maximum limits set by law. Even if both you and your employer agree, the law does not permit extending probation beyond what is specified in your contract type.

Key points about renewal and extension:

• The maximum length of probation depends on your contract’s duration:
  
  • 3 months or less: no probation allowed
  • More than 3 months, up to 1 year: up to 1 month of probation
  • 1 to 3 years: up to 2 months of probation
  • Over 3 years or open-ended: up to 6 months of probation
• Once your probation ends, you cannot be put on a new probation period for the same role and contract.
• If an employer tries to add or extend probation against the law, you have the right to challenge this in court or with local labor authorities.

Ensure your contract adheres to these legal probation limits to safeguard your rights.

📌 Also Read: What is the Average Salary in China: A Guide to Current Trends and Statistics

Best Practices for Managing Probation Periods in China

To handle probation periods effectively in China, it is essential to follow the law, establish clear rules, and utilize effective HR processes. Careful planning helps avoid misunderstandings and supports both employers and employees.

Clearly Define the Probation Term in Employment Contracts

Always spell out the exact probation term in the employment contract. In China, this must be in writing and meet the legal maximums:

• 1 month: For contracts between 3-12 months
• 2 months: For contracts between 1-3 years
• 6 months: For contracts over 3 years or open-ended

Avoid vague language. Clearly state the start and end dates. Include any special conditions or expectations during probation.

Make sure the employee receives a copy of the contract. Have both sides sign it, so there is proof of agreement. 

This reduces the likelihood of future disputes and demonstrates compliance with Chinese labor law.

Conduct Regular Performance Reviews During Probation

Utilize regular performance reviews to monitor progress and provide constructive feedback. Hold at least one review at the halfway point and another near the end of probation. Written evaluations help keep the process fair.

Document all meetings and feedback in writing. Use simple checklists or review forms. Written records protect your company if you need to end the job during probation.

Checklists for reviews might include:

• Attendance and punctuality
• Work quality and accuracy
• Teamwork and attitude
• Compliance with company rules

Consistent reviews help employees understand what is expected of them and provide an opportunity for improvement.

Provide Orientation and Training

Start new hires with a complete orientation and job-specific training. Explain your company's culture, rules, and goals. Give them time to adjust and teach them key job tasks.

List out training topics and timelines:

• Basic company policies
• Health and safety procedures
• How to use key tools or software
• Who to ask for help on the job

Answer their questions and encourage open communication. Good onboarding makes it more likely the employee will pass the probation and feel like part of the team.

Prepare for Early Exit Scenarios

Even with good support, not all employees will successfully complete probation. Prepare in advance for situations where you may need to end the contract early. This ensures the process remains smooth and compliant with the law.

Use clear HR templates for:

• Probation end notices
• Early termination letters
• Exit interviews
• Final payment calculations

Follow legal steps for notice periods and document every decision. Keep all records in case of disputes. Handling exits professionally protects your company and shows respect for the employee.

📌 Also Read: Employment Contract in China: Guide for Employers and Employees

Conclusion

The length of the probation period in China depends on the type and duration of your employment contract. The Labor Contract Law sets clear limits, so it is essential to review them carefully.

Probation for non-managerial roles should not be more than six months. Any extension or other terms must follow legal requirements.

It is your responsibility to ensure that probation terms are clearly outlined in the contract. A clear contract helps both you and your employees avoid misunderstandings.

Need help drafting compliant employment contracts in China? Consult us, Choi & Partners, to protect your business and your team.

Frequently Asked Questions

Chinese labor law establishes strict guidelines for probation periods, wage rates, and dismissal procedures. Employers and employees should be aware of the legal limits and requirements applicable to both local and foreign workers.

Is a 6-month probation period legal in China?

A 6-month probation period is only legally permitted for employment contracts that last three years or more, or for open-ended agreements. For contracts of shorter duration, a six-month probation period is not allowed.

Can an employer fire you during probation without cause?

During probation, your employer can end your contract more easily than after the probation period. However, they must still follow legal grounds and cannot fire you without any reason. Reasons must be stated and must follow Chinese labor laws.

What salary should I expect during my probation period?

During probation, you should receive at least 80% of the salary agreed to in your employment contract. Your pay cannot be below the local minimum wage, even during the probation period.

Do foreign workers have different probation rules?

Foreign workers are generally subject to the same probation rules as Chinese workers. Contract terms, maximum probation periods, and pay requirements are the same unless a specific law states otherwise.

What is the maximum probation period for open-ended contracts?

For open-ended employment contracts, the maximum probation period is six months. This is the most extended probation period allowed under Chinese labor law.

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