How does China probation work in 2026?

What probation modifies under Chinese law:

• Short mutual exit notice. During probation, either side exits with 3 days notice. After probation, the employee needs 30 days and the employer needs 30 days written notice (or one month salary in lieu) for a non-fault exit.
• Cause requirement. The employer can only dismiss during probation if the employee does not meet the employment conditions agreed at the time of hiring. Those conditions must be stated clearly in the contract or job offer. A vague or undocumented standard does not meet the bar.
• Reduced salary option. Some employers pay a reduced salary during probation, but the law requires probation pay to be no less than 80 percent of the role's agreed salary and no less than the local minimum wage.

What probation does not change:

• Discrimination protections apply from the first day, regardless of probation status.
• Social insurance contributions are due from day one. There is no probation exemption.
• Employees on probation can bring a claim for unlawful dismissal immediately. The qualifying service period for dismissal protection is 0 months.

Probation length caps by contract type under Labour Contract Law Article 19:

A probation clause that exceeds the legal cap is not valid. The excess period converts to normal employment, and the employer must pay additional compensation if it used the excess period to dismiss the employee.

The most important rule: probation can only be included once per employment relationship. If the employee leaves and returns to the same employer, a second probation clause for the same role type is not permitted.

What fair procedure during probation looks like in practice:

1. State the employment conditions clearly in the contract. These are the pass criteria. The dismissal grounds during probation must trace directly to these conditions. Vague terms like "meets company standards" are very weak. Be specific: role competencies, output targets, conduct standards.
2. Hold documented check-ins during probation. A written note after each review meeting. The employee should acknowledge the feedback in writing where possible.
3. Put performance concerns in writing early. Do not wait until the end of probation. A warning issued at month five of a six-month probation is procedurally weak.
4. If dismissing, issue a written notice stating the specific employment conditions not met. The 3 days notice period runs from that written notice.
5. Complete administrative handover within the statutory window. Files, social insurance records, and settlement must be processed promptly after the exit date.

The protections in China apply from day one. There is no qualifying service period before an employee can bring a dismissal claim. If the employer cannot demonstrate that the stated employment conditions were clearly defined and were genuinely not met, the dismissal is likely unlawful.

1. State employment conditions in the contract

   Before the hire starts, write specific pass criteria into the contract. These are the legal basis for any probation dismissal. Vague standards will not hold up at arbitration.

2. Register social insurance on day one

   Social insurance enrolment is required from the first working day. The probation period is not an exemption window.

3. Document every review in writing

   Hold check-ins at the one-month and three-month marks. Record what was discussed and ask the employee to acknowledge concerns in writing.

4. Issue a written notice if dismissing

   State the specific employment conditions not met. The 3 days notice period runs from the date of that written notice, not from an informal conversation.

5. Complete administrative handover promptly

   Process files, social insurance transfers, and settlement within the statutory window after the exit date.

The statutory cap is a hard ceiling. An employer who sets a three-month probation for a three-year contract and then wants to extend it to six months must agree a new contract term with the employee. The extension cannot be imposed unilaterally.

Practical approaches when a probation assessment is inconclusive at the end of the stated period:

• Confirm employment and use the performance management process. Post-probation dismissal for performance is possible under Article 40, but it requires 30 days notice and documented support steps first.
• If external factors genuinely disrupted the assessment (extended illness, project delays outside the employee's control), document the disruption clearly. This does not allow an extension past the cap, but it does support a case for confirming employment and revisiting performance under a formal plan.
• Never backdate a probation clause or adjust the contract end date retroactively. Any post-hoc change to the probation period is a significant legal risk.

The key difference from common-law jurisdictions: there is no informal "rolling extension" practice in China. The probation period is either within the legal cap or it is not. Courts will look at the contract date and the legal cap for that contract type, not at what the parties informally agreed.

For a 6 months probation, the meaningful checkpoint is the day-180 review. The same principle applies: concerns raised for the first time at the final review, after months of silence, are very difficult to defend in a dispute.

China also requires specific administrative steps on day one that differ from most Western markets:

• Social insurance registration must happen at the start of employment. The probation period is not an exemption window.
• The employment contract must be signed within one month of the start date. An unsigned contract after one month exposes the employer to a double-wage penalty.
• The employee file (personnel dossier) must be maintained. This is both a practical record and a legal requirement for certain administrative processes.

Real HR and legal experts handle your China hires from the first offer letter through every probation review and final outcome. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

Teamed's standard China service for probation and onboarding:

• China contract includes a probation clause set at the correct statutory duration for the contract type (1, 2, or 6 months depending on contract length)
• Employment conditions are drafted with specificity at the offer stage, so the probation dismissal standard is legally defensible from day one
• Social insurance registration handled on the employee's first working day
• Written probation review templates provided at the midpoint and end of probation
• If dismissal during probation is being considered: Teamed runs the procedure. The client provides the substantive evidence that conditions were not met.
• Post-probation confirmation or exit letter drafted and issued by Teamed on the client's instruction

Hires graduate from probation to permanent employment on one platform with no break in service, no re-enrolment, and no additional fees. The relationship works until it isn't working, and Teamed manages the exit cleanly when that happens.

The split is clear. The client owns the relationship and the performance assessment. Teamed owns the contract, the documentation, the registration, and the legal-employer mechanics. That keeps probation dismissals legally sound without burdening the client with Chinese labour law administration.

Key sources: Labour Contract Law of the People's Republic of China (Supreme People's Court) and Labour Contract Law Article 19 (Registration China translation).