Answer: The length of the probation period you may agree with a newly recruited employee depends on the type of employee.

For full-time employees, if the term of the employment contract is three months or more but less than one year, the probation period shall not exceed one month; if the term of the employment contract is one year or more but less than three years, the probation period shall not exceed two months; for a fixed term employment contract of three years or more or a permanent employment contract, the probationary period shall not be more than six months. A probation period shall not be stipulated in a fixed-term employment contract with a period less than 3 month or an assignment contract.¹Article 19 of the Employment Contract Law.

If an employer has agreed on a probation period for an full-time employee under a three-party labor dispatch, the probation period shall also meet the aforementioned standards. If the host employer considers that the employee does not meet the hiring requirements, it may terminate the dispatch employment relationship and return the employee to the labor dispatch company (while the employment relationship between the worker and the dispatch employer remains).²Wang Ping, Fujian Strait Human Resources Co., Ltd. Ningde Branch Labor Dispute Retrial Review and Trial Supervision Civil Ruling Fujian Provincial People¡¯s High Court Civil Ruling (2018) Min Min Shen No.1573, ¡°Ningde Strait Company is the dispatch employer in this case, forming an employment relationship with Wang Ping; Ningde Unicom is the host employer. According to the provisions of Article 39 of the Employment Contract Law, the host employer may terminate the employment contract if the worker has one of the following circumstances: (1) During the probation period, it is proved that the worker does not meet the hiring requirements; (2) It seriously violates the company rules. The employee may be returned to the labor dispatch employer, and the labor dispatch employer may terminate the employment contract with the employee in accordance with the relevant provisions.¡±For the labor dispatch of casual employees, of course, the host employer shall not provide for a probation period.

The employer may apply and determine the length of the probation period according to the term of the employment contracts for employees on irregular and general work hours, referencing the probation rules applicable to ordinary full-time employees.³Guan Yong and Huijia (Xiamen) Property Management Co., Ltd. Labor Dispute Civil Judgment of Second Instance Civil Judgment of Xiamen Intermediate People’s Court of Fujian Province (2021) Min 02 Min Zhong No.783. ¡°The agreement of the employment contract between the two parties (employees are working on irregular hours) on the term of the contract is more than three years. The probation period of six months does not violate the provisions of Article 19 of the Employment Contract Law concerning the probation period.¡± Labor Dispute Appeal Case between Mr. Zheng and Beijing Minhai Biotechnology Co., Ltd. Civil Judgment of Beijing No.2 Intermediate People’s Court (2014) Er Zhong Min Zhong Zi No.02957. ¡°The Court holds that if an employment relationship has been established but a written employment contract has not been concluded at the same time, a written employment contract shall be concluded within one month from the date of employment. A probation period may be stipulated in an employment contract. For an employment contract with a fixed term of more than three years or a permanent contract, the probation period shall not exceed six months¡­¡­as Zheng Chunsheng’s work role is on the general work hours.¡±However, employers may not establish a probation period for casual workers of this kind.⁴Article 70 of the Employment Contract Law

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• 1
  Article 19 of the Employment Contract Law.
• 2
  Wang Ping, Fujian Strait Human Resources Co., Ltd. Ningde Branch Labor Dispute Retrial Review and Trial Supervision Civil Ruling Fujian Provincial People¡¯s High Court Civil Ruling (2018) Min Min Shen No.1573, ¡°Ningde Strait Company is the dispatch employer in this case, forming an employment relationship with Wang Ping; Ningde Unicom is the host employer. According to the provisions of Article 39 of the Employment Contract Law, the host employer may terminate the employment contract if the worker has one of the following circumstances: (1) During the probation period, it is proved that the worker does not meet the hiring requirements; (2) It seriously violates the company rules. The employee may be returned to the labor dispatch employer, and the labor dispatch employer may terminate the employment contract with the employee in accordance with the relevant provisions.¡±
• 3
  Guan Yong and Huijia (Xiamen) Property Management Co., Ltd. Labor Dispute Civil Judgment of Second Instance Civil Judgment of Xiamen Intermediate People’s Court of Fujian Province (2021) Min 02 Min Zhong No.783. ¡°The agreement of the employment contract between the two parties (employees are working on irregular hours) on the term of the contract is more than three years. The probation period of six months does not violate the provisions of Article 19 of the Employment Contract Law concerning the probation period.¡± Labor Dispute Appeal Case between Mr. Zheng and Beijing Minhai Biotechnology Co., Ltd. Civil Judgment of Beijing No.2 Intermediate People’s Court (2014) Er Zhong Min Zhong Zi No.02957. ¡°The Court holds that if an employment relationship has been established but a written employment contract has not been concluded at the same time, a written employment contract shall be concluded within one month from the date of employment. A probation period may be stipulated in an employment contract. For an employment contract with a fixed term of more than three years or a permanent contract, the probation period shall not exceed six months¡­¡­as Zheng Chunsheng’s work role is on the general work hours.¡±
• 4
  Article 70 of the Employment Contract Law