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Can the probation period be extended after it expires

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Can the probation period be extended after it expires


        

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  • 2024-05-28 16:01:36

    The probation period cannot be extended after it expires.

    Our country's law stipulates that the same employer and the same worker can only agree on one probation period. The probation period agreed upon by the employer and the employee when concluding the labor contract shall not be extended for any reason, otherwise, it will be in violation of the law.

    The employing unit may terminate the labor contract of a worker who is proved not to meet the employment standards during the probation period, or may not terminate the labor contract according to the specific circumstances of the unit, but may not add additional conditions to the signed labor contract.

    [Legal Basis]

    Article 19 of the Labor Contract Law states that if the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with or without a fixed term of more than three years shall not exceed six months.

    The same employer and the same worker can only agree on one probation period. A probation period may not be stipulated in a labor contract whose term is to complete a certain task or whose term is less than three months. The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period shall not be established, and this period shall be the term of the labor contract.

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