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A probation period refers to the review duration agreed upon by both the
workplace organization (employer) and the employee for the purpose of getting to
know each other better during the valid period of a labor contract; it is an
integrated part of the whole period of a labor contract.
Different contract periods may have different probation durations, as
follows:
(1) If the period of the labor contract is less than six months, no probation
period shall be configured;
(2) if the period of the labor contract is six months or more, but less than
one year, the probation period shall not exceed one month;
(3) if the period of the labor contract is one year or more, but less than
three years, the probation period shall not exceed three months, or
(4) if the period of the labor contract is three years or more, the probation
period shall not exceed six months.
In the case of both parties of the labor contract agreeing on nothing but the
probation period, and failing to establish the employment relationship after the
probation period, such a probation period shall be deemed as a period of the
labor contract.
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