Q:
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How long an employee probation period could be?
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A:
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According to the Employment Contract Law of the PRC, for an employment term of more than three months but less than one year, the probation period cannot be more than one month; for an employment term of one year or more but less than three years, the probation period cannot exceed two months, for an employment term of three years or more or an open-term employment arrangement, the probation period cannot exceed six months.
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Q:
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Can the employer unilaterally terminate an employee on probation without cause?
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A:
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According to the Employment Contract Law of the PRC, the employer may unilaterally terminate an employee that does not satisfy the recruitment requirements during the probation period. But the employer must prove the employee failed to meet the requirements.
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Q:
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Can an employee on probation unilaterally terminate employment without cause?
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A:
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Yes. During the probation period, an employee may unilaterally terminate his or her employment with three days’ notice, without need for giving any reason or cause, in accordance with the Employment Contract Law of the PRC.
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Q:
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Under what circumstances an employee probation period is not allowed?
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A:
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According to the Employment Contract Law of the PRC, no probation period is allowed under the following situations:
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employment of a part-time employee
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employment with a term of less than three months
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employment whose term is based solely on the employee completing an agreed assignment.
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Q:
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Can an employee probation period be agreed separately?
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A:
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It is not allowed. The probation period is deemed to be part of the employment period in accordance with the Employment Contract Law of the PRC. A separate probation agreement will be void and there will be no probation period.
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FAQ
