Is a 3-Month Probation Legal in China? (2-Year Contract = Max 2 Months)

Why it matters

If your contract sets a 3-month probation on a 2-year contract, the third month is unlawful. You are entitled to full salary for it, and the law allows you to claim compensation for probation exceeding the statutory cap (the excess period counts as normal employment).

What to do

Ask the employer to correct the probation to the legal maximum before signing. Quote Article 19 directly. If you already signed and served the excess period, you can claim the difference through labor arbitration.

Common trap

Some schools set probation at 3 months for a 2-year contract 'because foreigners need more time to adapt.' That is not a legal exception. The statutory cap applies to everyone.

Key facts / law

• 劳动合同法 第十九条 (Article 19, Labor Contract Law)
• Contract 3 months–1 year: max 1 month probation
• Contract 1–3 years: max 2 months
• Contract 3+ years / open-ended: max 6 months

Related guides

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• Can My Chinese Employer Charge a Resignation Penalty? (¥20,000 to Quit?)
• Social Insurance for Foreign Teachers in China: What Your Employer Must Pay
• My China Contract Is Only in Chinese — Should I Sign?
• Labor Arbitration in China for Foreigners: How It Actually Works

Also: see what teachers actually earn in China →