How long is the probation period for foreign-funded enterprises?

The length of the probation period depends on the term of the labor contract. If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months. The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.

Referring to Article 19 of the Labor Contract Law of People's Republic of China (PRC), 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; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period.

A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

According to Article 21 of the Labor Law of People's Republic of China (PRC), the probation period can be stipulated in the labor contract. The probation period is no longer than six months.

Extended data

According to the provisions of Article 20 of the Labor Contract Law of People's Republic of China (PRC), the wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wages agreed in the labor contract, and shall not be lower than the minimum wage standard at the place where the employer is located.

With reference to Article 21 of the Labor Contract Law of People's Republic of China (PRC), during the probation period, the employing unit shall not terminate the labor contract except under the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Referring to Article 39 of the Labor Contract Law of People's Republic of China (PRC), the employer may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

According to Article 40 of the Labor Contract Law of People's Republic of China (PRC), under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

China People's Congress Network-People's Republic of China (PRC) Labor Law

China People's Congress Network-People's Republic of China (PRC) Labor Contract Law