How long is the trial period?

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

The probationary period refers to a certain period of probation agreed upon by the employer and the employee for mutual understanding. During the probationary period, the employment relationship between the parties was in a state of uncertainty. Article 21 of the Labor Law stipulates that "a probationary period may be stipulated in an employment contract, and the probationary period shall not exceed six months."

In order to achieve the goal of reducing costs, some employers do not hesitate to take advantage of the gap between the probationary period and the salary gap after being regularized, and arbitrarily extend the probationary period when signing the contract. In order to prevent this phenomenon from occurring, Article 3 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System stipulates that "if the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between 1 and 2 years, the probationary period shall not exceed 60 days".

Article 18 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Ministry of Labor stipulates that after an employee is hired by an employer, both parties may stipulate a probationary period in the employment contract, which shall be included in the term of the employment contract. According to this provision, we can know that the premise for the existence of the probationary period is that both parties have signed an employment contract, and the probationary period exists in the term of the employment contract. Some local regulations, such as the Regulations of Shanghai Municipality on Labor Contracts, clearly stipulate that if the parties to an employment contract only agree on a probationary period, the probationary period shall not be established.

Therefore, if the employer only agrees on a probationary period but does not sign a labor contract, it shall be deemed that there is no probationary period, and the labor dispute between the two parties shall be handled in accordance with the de facto employment relationship.

Article 25 of the Labor Law stipulates that if an employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract. The employer cannot terminate the employment contract, otherwise, it shall bear all the legal consequences arising from the illegal termination of the employment contract. In addition, according to the relevant provisions, after the expiration of the probationary period, the employer shall not terminate the employment contract on the grounds that the probationary period does not meet the employment requirements. However, if the employee is found to be mentally ill during the probationary period and confirmed by the relevant authorities, the employer may terminate the employment contract.