How long can probation last under my contract?

Compare your contract term with the statutory ceiling

For ordinary employment under the Labour Contract Law, the maximum probation period is set by the length of the contract term. According to the Shanghai Human Resources and Social Security Bureau's explanation of national rules, a contract term of three months or more but less than one year allows a probation period of at most one month; a term of one year or more but less than three years allows at most two months; and a term of three years or more, or an open-ended contract, allows at most six months. These are ceilings, not requirements to use the full period. If your contract term is less than three months, or if it is a task-based contract, no probation period may be stipulated at all.

Gather the dates that actually apply to you

Put your contract start and end dates side by side with the probation start and end dates. Keep the signed version of the contract and any later written revision. If your start of work was delayed, ask how the dates are treated rather than moving the probation end date yourself. The ceiling is a maximum; the employer is not required to use the full period, and a shorter probation is lawful.

Confirm which employment system you are in

Check whether you are signing an ordinary labour contract, a public-institution appointment document, or another type of arrangement. The word "probation" may appear in different systems with different rules. An old local rule or an online example from another system should not replace the rule that applies to your contract. When seeking advice, bring the actual document, not just your job title.

Question an inconsistent probation clause

Ask the employer to identify the applicable rule and to confirm the agreed probation end date in writing. If a revised clause is proposed, compare it with the original before signing and keep both copies. Separate a skills assessment from an extension of statutory probation; a performance review does not automatically extend the probation period. If the legality of the clause remains disputed, ask the local labour authority about correction and the relevant remedy.

A concrete example of how to check

Suppose you signed a fixed-term contract from 1 March 2025 to 28 February 2027, with a probation period of three months. The term is two years, so the statutory ceiling is two months. The three-month clause exceeds the ceiling. You would ask: "My contract term is two years; under the Labour Contract Law, what is the maximum probation period for that term, and is my three-month probation clause valid?" Under those stated ordinary-labour-contract assumptions, the ceiling is two months; the employer’s usual practice cannot replace it. Bring the dates and clause if seeking correction.

Next steps if the issue remains unresolved

If the employer does not provide a written confirmation or the dispute continues, prepare a clear written question that states your contract term, your probation start and end dates, and the specific clause you question. Bring the signed contract and any revisions to the local labour authority or a legal adviser. Ask specifically whether the probation period exceeds the statutory ceiling for your contract term and what correction or remedy is available. Do not rely on verbal assurances or general online examples.

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