The situation: A foreign employee on probation is surprised by the termination of their contract on the grounds of not meeting qualification requirements.
Applicable law: Article 19 of the Labor Contract Law sets the maximum probation period: one month for contracts under one year, two months for 1-3 year contracts, three months for contracts over three years. Article 21: the employer may only terminate during probation if they prove the employee does not meet the qualification requirements defined in advance and in writing. Termination without documented proof is considered wrongful dismissal requiring double compensation.
Typical outcome: The employee challenges the fact that the employer did not specify the required qualification criteria in advance and claims compensation before labour arbitration.
👷 Labour disputes · Awareness case
Probation Period at Work — Employee Rights During It and Conditions for Ending It · Yalla China
🤝 Governing law: 劳动合同法 / Labor Contract Law Arts 19-21
An employer terminates a foreign employee's contract during the probation period without clear reasons. Is this permitted under Chinese law?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: At the time of hiring, request the qualification criteria clearly in writing. Document your performance and achievements throughout the probation period. Termination during probation without documented reason is not free for the employer.
🕒 Updated: 16 March 2026