Probation and confirmation: expectations, extensions and decisions
Ask for measurable expectations, record feedback and distinguish a review decision from the legal rules that apply to ending employment.
Prepared 3 October 2026 · General preparation, with location-specific reference details below.
Gather these facts
- Your start date, contract, probation duration and any extension clause.
- The original hiring criteria, review schedule, feedback and examples of completed work.
- The written decision, reason, effective date and notice or final-pay breakdown.
How can I ask for clear confirmation criteria?
Ask which tasks and outcomes will be assessed, who decides and when feedback is given. Agree on examples that demonstrate the requirement and identify missing training or access. After a meeting, send a factual summary of expectations, support and the next review date. Keep evidence of your own work lawfully; do not copy confidential employer or customer files into a personal archive.
Can probation be extended or restarted after a transfer?
Request the proposed duration, reason, contractual basis and effect on pay or benefits. Do not assume every extension clause is lawful in every country. Mainland China’s Labour Contract Law sets duration limits and restricts repeat probation with the same employer. British Acas guidance describes probation terms and review arrangements in its own jurisdiction. Identify whether the employer entity actually changes, and consult the appropriate local service about a disputed extension.
I failed probation—do I have no rights?
Get the written reason and distinguish notice, earned pay, discrimination, contractual claims and any dismissal claim. These are separate questions with different eligibility and deadlines. The Shanghai official FAQ explains the need to substantiate a claimed failure to meet hiring criteria and notify the worker in writing. Check current official rules for the decision date; a historical case or the word “probation” cannot decide them all. Preserve the criteria and feedback alongside the termination document, and seek timely help if the reason or calculation is disputed.
A worked example
Preparation example: a review says “not meeting expectations” without examples. Ask which original requirement was not met, the supporting examples and the decision date. This question organises the record; it does not assume that the decision is unlawful.
Tools for this problem
Cases about this problem
Relevant official sources and coverage
Preparation steps are general. Each cited source applies to the location named; career advice is not an employment-law rule. No citation implies coverage in another country.
- Mainland China · Shanghai HRSS: Labour Contract Law (2012 revision)https://rsj.sh.gov.cn/trlzyhshbzbgz_17256/20200617/t0035_1388322.html
- Mainland China · Shanghai HRSS: probation dismissal FAQhttps://rsj.sh.gov.cn/trdhy_17355/20230913/t0035_1418303.html
- Great Britain · Acas: probation periodshttps://www.acas.org.uk/probation-periods
- Australia · Fair Work: starting employmenthttps://www.fairwork.gov.au/starting-employment/before-starting-employment
Check the current official process
Scope, eligibility, required evidence and filing deadlines differ. Identify the applicable authority and get appropriate advice about a dispute. These are our practical preparation guides, not official translations or a finding of wrongdoing.
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