A promotion or transfer comes with another probation period: can it?

The same-employer rule

Shanghai HRSS’s March 2026 answer explains that the same employer and worker can agree statutory probation only once. In its example, renewal and a changed post did not allow another period. A review of new responsibilities may still be arranged, but its label does not determine whether it unlawfully recreates probation.

Compare the employing names

Put the original contract, transfer letter and new agreement side by side. Check the legal entity, not only the group’s brand or office address. Mark whether the document says the old employment ends. If a different entity is involved, ask about continuity, accumulated rights and the basis of the proposed arrangement rather than treating it as an ordinary internal promotion.

Ask what the assessment changes

Request the review criteria, support, duration, reviewer and consequences. Compare wages, benefits and notice terms with the earlier contract. A new-role learning plan differs from a clause that reduces pay or claims simplified dismissal because you are “on probation again”. Keep the actual wording, not only an HR reassurance.

Request a specific correction

Identify the repeated-probation clause and ask whether it will be replaced with an ordinary review arrangement that preserves existing rights. Retain the original and revised texts. If already applied, collect pay and review records and ask the local authority or adviser about correction and remedies; no amount is determined by this note.

Example: a learning plan versus another probation clause

Hypothetical illustration: after promotion within the same legal employer, a worker who already completed probation receives a new “probation” form. It proposes reduced wages and an easier dismissal condition. Compare that wording with a learning plan that sets training and review targets while keeping existing contractual terms. Ask why the new form recreates probation and request correction of that specific clause. The statutory once-only rule is different from a normal performance review.

If the clause has already affected pay or dismissal

Keep the old and new contracts, review notices, pay statements and the dates the clause was applied. Ask a local authority or adviser which part is a repeated-probation issue and which part concerns wages, contract change or termination. Identify the exact correction or remedy sought and check the procedure and time limit. Do not assume every amount can be inferred from the clause title alone.

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