Legal Practice Sharing on Probationary Labor Employment and Assessment

On the afternoon of May 16, 2025, at Denghu Classroom, Lawyer Peng Mingen gave a special presentation to colleagues at the law firm focusing on 'Legal Practice of Probationary Labor Employment and Assessment'. This lecture combines judicial cases and legal norms to deeply analyze the core points of probationary period management, helping enterprises improve their compliance management level.

Lawyer Peng, based on Article 19 of the Labor Contract Law, clarifies the statutory definition of probation period: the period during which the employer assesses the comprehensive qualities (including ideological and moral character, work ability, etc.) of new employees. Elaborate on the upper limit of the probationary period in conjunction with the term of the labor contract:

3 months ≤ Contract period ＜ 1 year, probationary period ≤ 1 month;

1 year ≤ Contract period ＜ 3 years, probationary period ≤ 2 months;

Fixed term/non fixed term contracts of more than 3 years, with a probationary period of ≤ 6 months.

Special Reminder: The probationary period can only be agreed upon once. Any illegal extension or second agreement may result in the labor administrative department ordering correction. For the illegal probationary period that has already been fulfilled, compensation must be paid according to the standard of regular salary (Article 83 of the Labor Contract Law).

Lawyer Peng emphasized two mandatory standards for labor employment during the probationary period in response to the concerns of enterprises regarding the cost of labor during the probationary period

1. Salary bottom line: It shall not be lower than 80% of the minimum wage for the same position in the unit or the wage stipulated in the labor contract, and shall not be lower than the local minimum wage standard (2080 yuan/month in Foshan area from March 1, 2025).

2. Social security obligations: Probationary employees are entitled to the same welfare benefits as regular employees, including social insurance and housing provident fund contributions. Enterprises shall not refuse to pay on the grounds of 'probationary period'.

During the sharing process, Lawyer Peng combined specific cases to clarify that companies need to establish a 'quantifiable and traceable' assessment mechanism, specifically:

1. Clear standards: The employment conditions need to be refined to include professional skills and performance indicators (such as daily average order volume, project completion rate, etc.);

2. Program compliance: The assessment process must be developed and publicly announced through democratic procedures, and employee signature confirmation records must be retained;

3. Evidence solidification: Retain written materials such as attendance records, performance evaluations, and communication records to avoid verbal agreements.

This lecture combines theory with practice, providing clear legal guidance for enterprises to standardize probationary period management. Thank you very much for Lawyer Peng Mingen's sharing today. We look forward to learning more useful knowledge through Denghu Classroom!