[Direct answer]In the Beijing area, it is illegal to only sign a probationary contract and not offer a permanent position. According to Article 19 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), if the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be deemed as the term of the labor contract. In other words, if the employer only signs a "probationary contract" without stipulating the term of the formal contract, there is no legal probationary period. The agreed period shall be directly regarded as the term of the labor contract, and the employer cannot refuse to offer a permanent position, terminate the contract at any time, or reduce the salary on the grounds of "failing to pass the probationary period". In addition, according to Article 10, the establishment of a labor relationship shall be subject to the conclusion of a written labor contract, which shall be signed within one month from the date of employment. If the contract is not signed within one month but less than one year, the employer shall pay the worker twice the monthly wage in accordance with Article 82. If the employer claims that the probationary period exists and refuses to offer a permanent position based on the contract that only stipulates a probationary period, the worker may claim that the period is the term of the labor contract, require the employer to continue to perform the obligations of a regular employee, and claim corresponding compensation according to law.

1. Problem background and typical scenarios

Some companies, with the aim of reducing labor costs, only sign a contract with employees that specifies a probationary period, and neither convert them to regular employees nor sign formal contracts after the probationary period ends. Typical situations include: the contract is titled "Probationary Labor Contract", with no formal term specified; the probationary period lasts for half a year or even longer; after the expiration, they refuse to convert the employees to regular status or renew the contract on the grounds of "poor performance evaluation"; and they only pay low salaries and do not contribute to social insurance. Although labor practices in Beijing are relatively standardized, such practices still exist in some industries. Workers need to understand their legal nature and consequences.

II. Key points of contention

First, how to determine the legal validity of a contract with only a trial period provision. Second, whether this period is a trial period or the term of the labor contract. Third, whether an employee can claim double wages if no formal contract is signed. Fourth, whether it's legal for an employer to refuse to convert the contract to a permanent one on this basis. Fifth, what kinds of remedies and compensation an employee can claim. Clarifying these issues is essential for protecting one's legal rights properly.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a dispute over the illegal termination of a labor contract: A company issued "Notices of Termination of Labor Relationship" to twelve employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections. The company unilaterally terminated the labor contracts. After accepting the case, the lawyer pointed out that the labor relationship is established from the date of employment. A written labor contract becomes effective once both parties sign and stamp it, and its filing with the human resources and social security authority is merely an administrative matter, not a requirement for the contract's effectiveness. The company's dismissal based on the irregularities in the recruitment procedures and inspections did not constitute a legally permitted unilateral termination. The case went through arbitration, first-instance, and second-instance proceedings, and the workers' claims were all upheld. The important lesson from this case is that employers cannot use internal procedures, filing requirements, or formal contract arrangements to evade their statutory employment obligations or deny workers' acquired rights. Accordingly, signing a probationary contract without offering a regular position essentially amounts to evading formal employment obligations through formalities. Legally, this period can be directly recognized as the term of the labor contract, and workers have the right to be treated as regular employees and claim corresponding compensation. This case was handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: 1. Check the contract text to confirm whether it only stipulates a probationary period but fails to specify the contract term; 2. Keep the contract, payroll records, attendance records, and social insurance payment records; 3. Claim that the probationary period constitutes the contract term and demand to be treated as a regular employee; 4. If the written contract has not been signed for more than one month, you may claim double wages in accordance with Article 82; 5. Seek labor arbitration promptly when your rights are infringed, and hire a lawyer if necessary. Legal basis: Articles 10, 19, 82, and 83 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), and the provisions on arbitration time limits in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China. For matters involving labor arbitration and work-related injury compensation, please refer to the relevant provisions.Labor arbitration and work-related injury compensationServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, if only a probationary period is agreed upon, the probationary period shall not be established, and the period shall be deemed as the contract term. Secondly, the employer shall not arbitrarily refuse to convert the probationary period to a regular employment contract on the grounds that the probationary period has not been passed. Thirdly, if a written contract has not been signed within one month, the employee may claim double wages. Fourthly, if the probationary period is agreed upon in violation of the law, the employer shall pay compensation for the overdue period. Fifthly, keeping the contract and employment-related evidence is the basis for protecting one's rights. For issues related to enterprise employment management, please refer to the relevant provisions for further guidance.Business and contract disputes in enterprisesFor reference, you can check the sections related to corporate law and complianceIntellectual property protection and corporate lawFor inquiries about the implementation of wages and compensation payments, please refer to the relevant columnCreditor's rights and debts, and enforcementThe team can handle cases involving work-related injuries and personal injury disputesPersonal injury and medical disputesFor other difficult labor disputes, you can seek adviceSpecialised legal servicesTeam.

VI. Frequently Asked Questions

Q1: Is it legal to only sign a probationary contract and not offer a permanent position?

It's illegal. According to Article 19 of the Labor Contract Law, if the labor contract only stipulates a probationary period, the probationary period shall not be established. The period shall be the term of the labor contract, and the employer shall not refuse to convert the employee to a regular position or terminate the employment relationship at will on this basis.

Q2: Is it valid to only sign a probationary contract?

The contract is valid, but it produces special legal effects: the trial period stipulated in it is not valid, and this period is regarded as the term of the labor contract. The worker is entitled to all the rights of a regular employee according to law, and the employer is still obliged to fulfill its employment obligations.

Q3: Can I demand double pay if my probation period expires and I'm not confirmed as a regular employee?

It depends on the circumstances. If no written labor contract is signed within one month but less than one year from the date of employment, the employee may claim double wages in accordance with Article 82; if only the probation period is agreed upon, the probation period shall be deemed as the contract term, and whether double wages should be calculated separately shall be determined based on the contract signing situation.

Q4: Is it legal for the company to reduce the salary during the probationary period?

It must comply with the statutory limits. The probationary period salary shall not be lower than the minimum salary for the same position in the unit or 80% of the salary agreed upon in the labor contract, nor shall it be lower than the local minimum wage standard. Any salary reduction arrangement exceeding the lower limit is illegal.

Q5: How can I protect my rights in this situation?

First, save the contract, salary, and attendance evidence, and demand that the employer treat you as a regular employee. If no agreement can be reached, you can apply for labor arbitration and demand the employer to continue to perform the contract, make up for the salary and corresponding compensation, and, if necessary, hire a lawyer to represent you.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.