Q:
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Whether the duration of the probationary period can be self-defined by the enterprise?
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A:
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According to the Labor Contract Law, the trial period shall not exceed one month if the term of the labor contract is more than three months or less than one year; the trial period shall not exceed two months if the term of the labor contract is more than one year or less than three years; and the trial period shall not exceed six months for labor contracts of fixed term and open-ended term of more than three years. Therefore, the parties may voluntarily agree on a probationary period, provided that it does not violate the statutory standards.
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Q:
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If an employee leaves a company and rejoins after a period of time, can a probationary period be established again?
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A:
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The same employer and the same worker may only agree on a probationary period once. Therefore, a re-employed employee may not enter into a probationary period again.
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Q:
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Can an enterprise sign a probationary contract with an employee first and then sign an employment contract after the employee's probationary period?
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A:
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No. The probationary period is included in the term of the employment contract. If the employment contract only agrees to a probationary period, the probationary period is not established and the period is the term of the employment contract.
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Q:
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Can an employee's salary not be the same during the probationary period as after the probationary period?
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A:
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Yes. However, the worker's salary during the probationary period shall not be lower than the lowest salary for the same position in the unit or eighty percent of the salary agreed in the employment contract, and shall not be lower than the minimum wage standard in the employer's location.
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Q:
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Can a company dismiss an employee at will during the probationary period?
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A:
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No. The company must prove that the employee did not meet the employment requirements during the probationary period before the employment contract can be terminated in accordance with the regulations.
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FAQ
