Dismissed during probation in China: no compensation, N or 2N?
The actual statutory ground decides compensation; a probation label alone does not.
Community question, independently answered here. We check rules against the references below; discussions are not legal authority.
Reading body prepared：4 October 2026
Content review lead：Lemon
A lawful Article 39 dismissal can mean no N
Article 21 of the Labour Contract Law restricts probation dismissal to Article 39 and Article 40(1) or (2), and requires an explanation. Proven failure to meet recruitment conditions under Article 39 can mean no statutory economic compensation (N). A bare “failed probation” statement is not proof. Earned wages and other independently due items remain payable; confirm that the probation period itself is lawful.
When lawful termination attracts N
Employer-initiated mutual termination, or a lawful Article 40(1) or (2) dismissal meeting its conditions, can attract N under Article 46. Article 40 also requires thirty days’ written notice or an extra month’s wage. Inability to perform requires the statutory facts, such as continuing inability after training or reassignment. Employee-initiated ordinary resignation is a different route.
When unlawful dismissal means 2N
Under Articles 48 and 87, an unlawful dismissal can lead to continued performance of the contract, or 2N if continuation is not requested or possible. 2N is twice Article 47 economic compensation, not N plus another 2N or the separate double-wage rule for missing written contracts. Under six months’ qualifying service gives N of half a month; at a verified RMB 8,000 base without applicable caps, N is RMB 4,000 and 2N RMB 8,000. The wage base and high-earner caps require checking.
Keep the changing assessment and actual decision
Retain recruitment conditions communicated to you, offer, probation clause, earlier scores, changed targets and termination reason with dates. Ask the employer for its evidence and legal ground. Record whether you are being dismissed, invited to agree termination or asked to resign. Keep wages separate from compensation and use the factual chronology for timely advice; this article does not decide whether your dismissal was unlawful.
Illustration: the ground changes the calculation
Hypothetical illustration: an employee has less than six months of qualifying service and a verified applicable compensation wage base of RMB 8,000, with no high-earner cap. If the employer lawfully dismisses the employee for proven failure to meet recruitment conditions under Article 39, N is zero. If the parties instead agree to termination proposed by the employer, N is RMB 4,000. If a dismissal is found unlawful and continued performance is not requested or possible, 2N is RMB 8,000. These are alternative factual routes, not amounts to add together. For shorter employment, verify the applicable wage base rather than assuming twelve months of wages at this employer. Article 40 notice or an extra month’s wage is a separate issue when that ground applies.
Ask for a reason that can be checked
A useful written question is: “Please identify the legal ground, the recruitment condition you say I did not meet, when it was communicated and the evidence supporting that conclusion.” If targets changed during probation, record the old and new target, the change date, any instructions and your actual work. Do not assume every change makes the dismissal unlawful, or that a score alone proves it lawful. Separate an employer’s dismissal notice from a proposal for mutual termination and from a resignation letter you are asked to sign. The document you sign can change which facts need to be examined.
If you cannot resolve the disagreement
Keep a dated timeline and copies of records you may lawfully hold, including the contract, recruitment conditions, assessment communications, payslips and dismissal or settlement document. Record wages, compensation and any proposed waiver separately. Seek timely advice about the disputed dismissal through the applicable labour dispute route, bringing the documents and the outcome you want, such as continued performance or compensation. Do not rely only on employer-controlled systems or delay while repeatedly asking for an explanation. This article explains possible legal routes; it does not determine the result of your dispute.
Need to take the next step?
References
WorkRightsMap
This is our independently written reading guide. Reference details are recorded below.
https://rsj.sh.gov.cn/trlzyhshbzbgz_17256/20200617/t0035_1388322.html
https://jiangsu.chinatax.gov.cn/art/2012/12/28/art_23636_2998.html