According to Article 83 of Labor Contract Law of the People’s Republic of China ” If any employer stipulates the probation period with any worker in violations of this Law, it shall be ordered to make a correction by the labor administration department. If the illegally stipulated probation has been performed, the worker shall be paid compensation by the employer in light of the time worked on probation beyond the statutory probation period, at the rate of the worker’S monthly salary after probation.”
According to Labour contract Law, under the following circumstances, the employer should bear the compensation:
- the agreed probation time is longer than the statutory length and it has been performed.
The rules of probation time are compulsive, there are consequences when the company breaks them.For example, if the employee and employer conclude a 1 year labour contract, the probation time of the employee should be no longer than 2 months. If the labour contract between them stipulate 4 months probation time, the employee could report it to labour administrative department; if the wrongful probation time is already performed, the employee could get a two month salary as compensation.
- An employer stipulates more than one probation period with a same worker and the probation time has been performed.
- Probation period is stipulated in a labor contract with a period to complete the prescribed work or a labor contract with a fixed period of less than three months and it has been performed.
