[Direct answer]In the Beijing area, it is illegal for the same employer to agree on a probationary period with the same worker twice. 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), the same employer and the same worker can only agree on one probationary period. Whether the worker re-joins the employer after resignation, changes positions, transfers departments, or renews the contract, the employer shall not re-agree on a probationary period. If the agreement is repeated, it shall be invalid, and the period already performed shall be treated as formal employment, and the employer shall not reduce the worker's compensation or arbitrarily terminate the contract on this basis. If the employer illegally agrees on a probationary period, according to Article 83, the employer shall pay the worker compensation based on the worker's monthly salary after the expiration of the legal probationary period. It should be noted that when the worker successively joins different employers, each employer may legally agree on a probationary period, but within the same employer, "once is the limit" is a mandatory rule that is not reset due to re-employment. If the worker finds that they have been subject to repeated probationary periods, they should promptly preserve the contract and salary evidence and assert their rights.

1. Problem background and typical scenarios

After an employee leaves a company and rejoins it, or when their position is adjusted or their contract is renewed, they are often required to undergo another "probationary period". Typical scenarios include: returning to the original unit after one year of leaving and being required to undergo a three-month probationary period again; agreeing on a probationary period again when transferring to a new position within the company; setting a probationary period again for a "new position" when renewing a contract; and being repeatedly subjected to probation when transferring between related companies. Due to the high staff turnover in Beijing, how employers can legally employ workers and how workers can identify illegal probationary periods are common disputes.

II. Key points of dispute

Firstly, can two probationary periods be agreed upon in the same employment relationship? Secondly, can a probationary period be re-agreed upon after resignation and re-employment? Thirdly, can a probationary period be set again after a position adjustment or contract renewal? Fourthly, what are the impacts of transferring between related companies and changing the main entity? Fifthly, what are the legal consequences and compensation for repeatedly agreeing on a probationary period? Only by clarifying these issues can we determine whether the agreement is valid.

III. Professional analysis by Henglue Law Firm

Based on Henglue Lawyer's practical experience in handling labor dispute cases, the following three points should be noted. Firstly, the "once-only rule" is a mandatory provision: the same employer and the same employee can only agree on a probationary period once. This is a legislative arrangement to protect workers from being subjected to repeated probationary periods. Employers are not allowed to circumvent this rule by renewing contracts, transferring positions, or changing contract terms. Secondly, whether the parties are the same should be determined based on the substance of the relationship. If it is indeed a different employer and the labor relationship is interrupted and re-established, the employer may legally agree on a probationary period once. However, if the employer merely changes its name or there is a malicious cycle of probationary periods between related companies, the employment relationship still constitutes the same employer-employee relationship, and repeated probationary periods will not be protected. Thirdly, there must be consequences for violations: if the probationary period is repeatedly agreed upon, the agreement will be invalid. For the period already performed, the employer shall pay compensation based on the monthly salary after the legal probationary period expires; the worker may also claim the wage difference and corresponding benefits. In practice, workers should keep previous contracts, employment registration documents, and salary records to clarify whether the employment relationship is continuous, providing evidence for rights protection.

IV. Practical suggestions and legal basis

Action list: 1. Preserve all previous labor contracts, employment materials, and salary records to clarify the continuity of employment. 2. Verify whether the repeated probation periods belong to the same employer. 3. For invalid probation period agreements, claim to be treated as regular employees and receive compensation for the full period. 4. For illegal probation period agreements, claim compensation for the excess period in accordance with the law. 5. Promptly apply for labor arbitration in disputes and, if necessary, hire a lawyer. Legal basis: Articles 19 and 83 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), and relevant provisions of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (implemented on September 18, 2008). 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, the same employer can only stipulate a probationary period once. Secondly, when an employee leaves the company and then rejoins, changes jobs, or renews the contract, they cannot undergo a repeat probationary period. Thirdly, to determine whether the subject is the same, we should look at the substance of the employment rather than the name. Fourthly, a repeat stipulation is invalid, and the employer should pay compensation for the exceeded period. Fifthly, keeping previous contracts and salary records is the key to asserting rights. For issues related to enterprise employment management, you can refer to the relevant provisions of the Labor Contract Law and other laws and regulations.Business and contract disputes in enterprisesFor reference, you can check the section related to corporate law and complianceIntellectual property protection and corporate lawFor inquiries regarding the enforcement of wages and compensation payments, please consult the relevant columnCreditor's rights and debts, and enforcementThe team can handle cases involving work-related injuries and personal injury claimsPersonal injury and medical disputesFor other difficult labor disputes, you can seek adviceSpecialised legal servicesTeam.

VI. Frequently Asked Questions

Q1: Is it legal for the same unit to agree on a probationary period twice?

It's illegal. According to Article 19 of the Labor Contract Law, the same employer and the same employee can only agree on one probationary period. If the agreement is repeated, it shall be deemed invalid, and the period already performed shall be treated as a formal employment period.

Q2: Is there still a probationary period if I resign and then rejoin the company?

The same employer shall not re-agree on a probationary period. In principle, it shall be limited to one time and shall not be reset due to re-employment; if it is indeed a different employer, and the labor relationship is interrupted and re-established, each employer may legally agree on a probationary period for themselves.

Q3: Can a probationary period be set again when transferring to a new position or renewing a contract?

No. The adjustment of positions and the renewal of contracts belong to the continuation of employment within the same employing unit, and it is not allowed to stipulate a probationary period again. Such practices of reducing benefits or reassessing employees lack legal basis and can be claimed to be invalid.

Q4: Is there a need to pay compensation if conducting a second trial violates the law?

Yes. According to Article 83, if the employer violates the provisions on the probationary period and the employee has already fulfilled the obligations during the probationary period, the employer shall pay compensation to the employee based on the employee's monthly salary after the expiration of the probationary period for the period exceeding the statutory probationary period.

Q5: What happens when employees are transferred between affiliated companies?

It depends on the actual employment situation. If it's just a circular arrangement between related companies and the labor relationship is actually continuous, repeated probation periods will not be protected. If it's truly independent employment by different entities, they can each stipulate a probation period separately.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.