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Understand the Probation in China

According to the provisions of the Labor Contract Law of the People's Republic of China, the relevant provisions of the probation are as follows:


1. If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month.


2. Where the term of the labor contract is not less than one year but not more than three years, the probation period shall not exceed two months.


3. For labor contracts with a fixed term of more than three years or without end date, the probation period shall not exceed six months.


In other words, if the term of the labor contract is less than three months, no probation period shall be agreed; at the same time, a probation period may not be stipulated in a labor contract whose term is the completion of a certain task.


4. The same employer and the same employee can only agree on one probation period.


5. The probation period is included in the term of the labor contract; if a labor contract only provides for a probationary period, the probationary period shall not be effective and shall be considered as the term of the labor contract.


6. During the probation period, the employer must also pay the national and local social insurance and housing fund for the employee, and the employee also has the right to rest and leave.


7. An employee may terminate the labor contract by notifying the employer three days in advance during the probation period.


8. The wage of the employee during the probation period shall not be lower than the lowest wages of the same position in the company or 80% of the wages agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.


9. During the probation period, the employer may not terminate the labor contract unless the employee is under any of the following circumstances. If an employer terminates a labor contract during the probation period, it shall explain the reasons to the employee.


(1) The employee is proved not to meet the employment conditions during the probation period;


(2) Serious violation of the rules and regulations of the employer;


(3) Serious dereliction of duty, malpractice for personal gain, causing serious damage to the employer;


(4) The employee establishes a labor relationship with other employing units at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after the employer remind it;


(5) If a labor contract is concluded against the true intention of the employer by means of fraud, coercion or taking advantage of a person's situation, the labor contract shall be invalid;


(6) The employee is found guilty of criminal liability according to law;


(7) The employee is unable to take up the original work or any other work arranged by the employer after the expiration of the prescribed medical treatment period for illness or non-work-related injury;


(8) The employee is not competent for the job, and after training or adjustment of the job position, he is still not competent for the new position.

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