1. 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;
2. 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;
3, more than three years of fixed-term and non-fixed-term labor contracts, the probation period shall not exceed six months;
4. The same employer and the same worker can only agree on a probation period;
5. A probation period shall not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months;
6. The probation period is included in the term of 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;
7. During the probation period, the employer cannot dismiss the employee at any time without reason.
The salary for probation period is calculated as follows:
1. The salary during the probation period shall not be lower than the minimum salary for the same position of the unit, and shall be calculated according to a certain proportion of the official salary;
2. The salary during the probation period is 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located;
3. Pay wages according to the actual working days of the workers, and the specific amount of wages can be determined by the workers and the employer through consultation.
A labor contract must have the following clauses:
1, the termination period of the labor contract;
2. Work content of workers;
3. Labor protection and working conditions;
4. Remuneration payable by the employer;
5. The discipline that workers should abide by;
6. Conditions for termination of the labor contract;
7. Legal liability.
To sum up, 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.
Legal basis:
Article 2 1 of People's Republic of China (PRC) Labor Law
A labor contract may stipulate a probation period. The probation period is no longer than six months.
Article 19 of People's Republic of China (PRC) Labor Contract Law
If the term of the probation 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.