A probation period clause in a contract outlines a specific timeframe during which a new employee’s performance and suitability for a role are evaluated by the employer. During this period, the employee may have fewer employment protections, and the employer may have the flexibility to end the employment with shorter notice if expectations are not met.
2. The probation period of the contract is six months, i.e. from 08 / 01/ 2021 to 01 / 31 / 2022. Party A has the right to request to extend Party B's probation period according to Party B's actual work performance or performance appraisal results, but the maximum period shall not exceed six months. The written notice of party a requesting to extend the probation period and redefine the term of the labor contract shall be delivered to Party B no later than three days before the expiration of the probation period. During the probation period, Party A has the right to decide whether Party B enjoys the welfare benefits of regular employees of the company (except social insurance and other welfare benefits stipulated by the state).
3. During the probation period, if Party B is under any of the following circumstances, the employer may terminate the labor contract: 3.1 it is proved that it does not meet the employment conditions during the probation period; 3.2 seriously violating the rules and regulations of Party A's employer; 3.3 serious dereliction of duty and malpractice, causing significant damage to Party A's employer; 3.4 Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after being proposed by Party A's employer; 3.5 Party B fraudulently causes Party A to conclude or change the labor contract against its true intention; 3.6 Party B is investigated for criminal responsibility according to law; 3.7 Party B is ill or injured not due to work, and is unable to engage in the original work or the work otherwise arranged by Party A's employer after the specified medical treatment period expires; 3.8 Party B is not competent for the job and is still incompetent after training or job adjustment.
4. Both parties agree that Party B does not meet the employment conditions in the following circumstances during the probation period: 4.1 those who have not reached the legal age for employment or do not have the employment procedures and identity documents stipulated by the state; 4.2 the employee is unable to provide the resignation certificate issued by the original employer or other materials required for employment, social insurance and other supporting materials, or fails to meet the conditions required for social security within 15 days after employment; 4.3 fail to complete the assigned tasks, post work and tasks according to quality and quantity, or make mistakes or mistakes in work; 4.4 incompetent for the assigned work and the post responsibilities specified by the company; Or Party A requests to extend the probation period according to Party B's work performance, and Party B refuses to extend it; 4.5 suffering from mental illness or infectious diseases prohibited by law, or physical health conditions do not meet the requirements of the job; 4.6 any violation of the employee manual, rules and regulations and the post responsibility system during the probation period and Party A's written notice of criticism and above punishment; 4.7 those who fail to pass the performance appraisal during the probation period [the appraisal result is below D (59 points)]; 4.8 there is a non competition agreement with the original employer and it is within the scope and period of restriction; 4.9 those who are wanted on record, or who are released on bail pending trial or under residential surveillance; 4.10 do not agree to purchase social insurance or sign a labor contract with the company according to the requirements of the company; 4.11 failing to meet the skills required by the post after assessment; 4.12 unable to complete the tasks of the post during the probation period; 4.13 Party A fails to cooperate or cause Party A to handle the transfer, registration and payment procedures of social insurance, provident fund, archives, etc. for Party B within 10 working days after Party A's notice; 4.14 failing to deal with the relationship with the superior or colleagues harmoniously and properly, failing to adapt to the legal and reasonable operation and management behavior of Party A's enterprise, resulting in serious impact and interference on the normal operation and office order of Party A's company or department, and failing to correct after the company's written notice or punishment; 4.15 there are other situations that do not meet the conditions specified in the recruitment notice, the tripartite employment agreement and the employee manual.
5. Both parties agree that during the labor contract period (including probation period), Party B shall be deemed to have seriously violated the rules and regulations of Party A's employer: 5.1 Party B's falsification, alteration and other fictitious facts and concealment of the truth in various information, documents and certificates submitted to Party A before employment are recognized as Party B's major disciplinary violations; 5.2 Party B is absent from work for more than 10 days (excluding) during the probation period due to non industrial injury, or Party B asks for sick leave for more than 10 days in the probation period, or asks for leave for more than 5 days in the probation period, or is late, leaves early for more than 3 times, or is absent from work; 5.3 failing to arrive at the designated post within the specified time without the written permission of the company; Or refuse to arrive at the designated post after being notified in writing by the company;
(b) Probation period Both parties agree to determine the probation period in accordance with method _ below (the probation period is included in the term of the contract): 1. No probation period. 2. Probation period from __ (YY) __ (MM) __ (DD) to __ (YY) __ (MM) __ (DD). (The probation period for a contract term of more than three months but less than one year shall not exceed one month; for a contract term of between one and three years, the probation period shall not exceed two months; for contracts with terms in excess of three years or with no fixed term, the probation period shall not exceed six months. No probation period shall be set for contracts delimited by the completion of a work task or for contracts with a term of less than three months. The same employer and worker may only stipulate a single probation period).
Probation Period The Parties hereby agree to determine the probation period (included in the contract term) in the _____mode below: 1. No probation period. 2. The probation period shall be from ____ DD ____ MM, YY to ___ DD ____ MM, ____YY. If the arrival date is inconsistent with the prescribed arrival date for probation period (internship period), the probation period (internship period) shall be accordingly advanced or postponed. 3. Party B shall strictly comply with the codes and rules of Party A, accomplish the hob duties and meet the requirements of assessment indicators during the probation period. Party A shall assess the work of Party B prior to the expiry of Party B’s probation period. If Party B fails the assessment, and thus is deemed as failing to meet the admission conditions of Party A, or if Party B meets the admission conditions of Party A but undergoes other situation prescribed in Labor Contract Law for the cancellation of labor contract, Party A shall be entitled to cancel the labor contract between the Parties during the probation period; Party A may extend the probation period as appropriate according to specific performance of Party B during the probation period.
The probation period is from / year / month / day to / year / month / day. (If the contract term is more than three months but less than one year, the probation period shall not exceed one month; if the contract term is more than one year but less than three years, the probation period shall not exceed two months; for contracts with a fixed term of more than three years and no fixed term, the probation period shall not exceed six months. A probation period shall not be stipulated if a contract has a period of less than three months. One of unit of choose and employ persons and same laborer can agree one probation period only.）
The probation period is typically three months, a period for the customer to evaluate and confirm the acceptance of candidate replacement. During the probation period, the customer is entitled to request candidate replacement if dissatisfaction about the performance of candidate cannot be resolved after all means implemented, that is, the customer considers the candidate is not qualified for the job in the long term, and the candidate also has discretion in deciding whether to accept the job or not. The customer needs the time in probation period to observe and confirm whether they are able to direct the use of, and obtain substantially all of the benefits from the permanent placement of the candidate. Until then, uncertainty on the completion and satisfaction of the Company’s performance obligation is unlikely to be resolved. Therefore, the Company concluded that transfer of control and satisfaction of performance obligation occurs at the completion of the probation period.
2. During the probation period, regardless of whether Party B meets the above requirements, as long as one of the following circumstances occurs, Party A has the right to regard it as not meeting the hiring criteria: 1) Providing false identity certificates, academic qualifications, degrees, technical qualifications and other documents, materials, and certificates; 2) Concealing medical records, suffering from mental illness or other illnesses (including new illnesses and onset of existing illnesses), female employees became pregnant before onboarding but did not inform Party A before onboarding; 3) Concealing other labor relations that still exist or have not been terminated, or have confidentiality obligations or non-compete clause obligations to the original employer, but have not notified Party A prior to employment; 4) Unable to complete the tasks, unable to reach the work goal or unable to pass the probation period performance assessment, earning / evaluation points or above; 5) Being clearly not eligible for employment according to company policy; 6) Unable to attend work for reasons other than work-related injuries; 7) Refusing to complete tasks assigned by the supervisor.
B. Probation Period 1. The probation period of this contract is from ____/____ to ____/____. If Party B has passed the assessment by Party A, the probation period will expire and Party B will be hired.
Based on Party B’s performance during the probation period, Party A has the right to end the probation period before the expiration of the probation period and formally hire Party B. In this case, the expiration date of the probation period shall be the date when Party A notified Party B of the formal employment.
The probation period is included in the term of the labor contract.
2.1 The Agreement is: A fixed-term employment agreement. The term is three years, from to (the “Term”), with a probation period of \ month(s), from ___\_____ to _______\_______.
2.2 During the probation period, Party A may terminate the Agreement immediately without giving any economic compensation to Party B provided that Party B has any of the following circumstances which shall be deemed as nonconformity with the employment conditions: (1) Where Party B fails to meet the recruitment conditions; (2) Where any educational background, personal resume, work experience, skill or health certificate, or any other information provided by Party B, or anything in the Personnel Profile completed by Party B, is inconsistent with facts or false; (3) Where Party B fails to complete any job, job indicator or task according to Party A’s requirements, or fails to pass relevant performance assessments; (4) Where Party B seriously violates any of Party A’s labor disciplines or rules and regulations (the “Rules”); or (5) Other circumstances stipulated by laws and regulations or the Rules.
3. Probation Period 3.1 The first 3 months of the Employment shall be a probation period (the “Probation Period”). 3.2 During the Probation Period, either party may terminate the Agreement at any time with notice of (3) three days equivalent in Working Days. 3.3 The Employer may extend the Probation Period at its discretion without prior notice to the Employee. The Employer will inform the Employee in the event of any extension of the Probation Period pursuant to this Clause 3.3. 3.3.1. Reference to the Probation Period in this contract includes any extension of the Probation Period under this clause. 3.4 Upon expiry of the Probation Period, and subject to receipt of the Employer’s notice confirming that the Employee has successfully completed the Probation Period, the Employee shall commence the confirmed employment period of this contract (the “Confirmed Period”).
Article 1 Category, term and probation period of a contract 1.1 Term of the Contract for the execution of Item 1 below: (1) 3-year fixed term: The term of the contract starts from the date of year and ends on the date of year. The probation period is 3 months, that is, from the date of (month) to the date of (month).If Party B has excellent performance during the probation period, he/she may be transferred to the full-time position in advance after being assessed by Party A. (2) No fixed term The term of the contract starts from the date of year. The probation period is one month, namely from the date of (year) to the date of (year). (3) The period shall be defined by the completion of certain work tasks: The contract period shall start from the date of the date of the year to the completion of the work tasks, and the mark of the completion of the work tasks is. 1.2 During the probation period, if Party A confirms that Party B does not meet the employment requirements or Party B has other circumstances stipulated by law, Party A may terminate this Contract by notifying Party B in writing at any time or in advance according to the law; If Party B is not willing to work for Party A, it may give a written notice to Party A three days in advance to terminate this contract, in which case, Party B shall complete the work handover procedures in accordance with Article 14 hereof and Party A’s relevant provisions.
9.1 Probation Period The Employee’s employment with the Company is subject to a six (6) month Probation Period from the Commencement Date of this agreement. On and from the Commencement Date and during the Probation Period, either party may terminate this Agreement by providing the other with not less than two (2) weeks’ notice in writing. This clause does not affect the Company’s right to terminate the Agreement without notice in the event of serious misconduct by the Employee.
Article 2 There is no probation period under the contract.
During the first month of the probation period, no notice period or payment in lieu by either Party is required. From the second month of the probation period onwards, seven (7) days’ prior written notice or payment in lieu of notice (“Payment in Lieu”) should be given by either Party. After the probation period and upon confirmation of employment, either Party may terminate the Employment by giving the other 1 month’s prior written notice or Payment in Lieu.
A Probation Period is a specific timeframe at the beginning of an employment relationship during which an employer evaluates a new employee’s performance and suitability for the role. It allows both the employer and the employee to assess whether the job and the employee are compatible. Typically, during this period, either party can terminate employment with minimal notice.
You should implement a Probation Period when hiring a new employee to ensure that the individual meets the expectations and requirements of the role. This period is beneficial for:
When writing a Probation Period, include the following elements:
Example:
The employee will undergo a probationary period of three months. During this time, the supervisor will evaluate the employee’s performance based on predefined criteria, including task completion, adherence to company policies, and teamwork. At the end of this period, a review meeting will be held to discuss the future employment status.
Probation Periods are most commonly found in the following types of contracts:
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