[Direct answer]In the Beijing area, there are clear statutory minimum wages during the probationary period. Article 20 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013) stipulates that the wages of workers during the probationary period shall not be lower than the minimum wage for the same position in the unit or 80% of the wages agreed in the labor contract, and shall not be lower than the minimum wage standard of the employing unit's location. This forms three constraints: first, it shall not be lower than the minimum wage for the same position in the unit; second, it shall not be lower than 80% of the wages agreed in the labor contract; third, it shall not be lower than the local minimum wage standard. Therefore, it is not necessarily illegal to offer a discounted salary during the probationary period. If the amount after the discount still meets the above three requirements, it is a legal agreement; if it is lower than 80% of the agreed wages or lower than the local minimum wage standard, it is illegal and the employee should request the employer to make up the difference through labor arbitration.Labor arbitration and work-related injury compensationThe services in this column can assist in calculating and claiming the difference in payment amounts.

1. Problem background and typical scenarios

Common situations include: being required to pay wages at an 80% discount during the probationary period; probationary wages being lower than the local minimum wage standard; probationary social insurance not being paid according to actual wages; terminating the contract on the grounds of unsatisfactory performance during the probationary period without any evaluation basis; and failing to explicitly convert the probationary period into a formal contract after its expiration.Special services and other casesThe employment compliance instructions in the column can be used for reference. Wage disputes during the probationary period are usually not large in amount, but they directly affect the basis for subsequent negotiations, so it's worth clarifying them at the stage of employment.

II. Key points of dispute

Focus One: The determination criteria for agreed-upon wages. Focus Two: Providing evidence for the minimum wage in the same position. Focus Three: The legality of the probationary period. Focus Four: The burden of proof for terminating the probationary period. Focus Five: Social insurance and wage base during the probationary period. Focus Six: The continuity of seniority and compensation after the probationary period ends.Business and contract disputes in enterprisesThe analysis of the contract terms in the column can be used for reference.

III. Professional analysis by Henglue Lawyers

Take the labor dispute case handled by Attorney Tian Jiaoyan of our firm as an example: The worker joined the technology company to engage in R&D work, but the company terminated the labor contract on the grounds that the worker engaged in part-time work for profit and committed serious disciplinary violations. The worker's claims included wages and overtime pay. During the representation, the attorney itemized the wage differences and simultaneously verified the company's attendance system, wage payment records, and the grounds for termination. This approach is also applicable to wage disputes during the probationary period: The key to calculating the wage differences during the probationary period lies in determining the base for the agreed wage, as the 80% lower limit is calculated based on the wage agreed in the labor contract. If the agreed wage itself is set too low, the calculation base will also change accordingly. Therefore, in practice, it is necessary to verify three materials simultaneously: the wage agreement in the labor contract, the wage distribution of employees in the same position, and the local minimum wage standards, in order to determine whether the agreement is reasonable and whether there are situations of evading the minimum wage standards. It should be noted that the burden of proof for termination during the probationary period lies with the employer, who needs to prove that the worker does not meet the recruitment conditions.Intellectual property protection and corporate lawThe institutional suggestions in the column can be supplemented.

IV. Practical suggestions and legal basis

Action recommendations: First, check the wage agreement clauses in the labor contract; Second, verify the local minimum wage standards; Third, collect wage information from other employees in the same position; Fourth, keep pay slips and bank statements to calculate the actual amount received; Fifth, verify the ratio between the probationary period and the contract period; Sixth, claim the wage difference through labor arbitration and preserve the statute of limitations evidence. Legal basis: Article 19, Article 20, and Article 35 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013) regarding the probationary period and wage provisions; relevant local minimum wage standards; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, it's not necessarily illegal to offer discounts during the probationary period, but the key is whether it meets the statutory minimum requirements. Secondly, the agreed salary directly determines the 80% base amount, so during the verification process, we cannot just look at the actual payment amount. Thirdly, the length of the probationary period is subject to the contract term, and the law stipulates different maximum probationary periods for different contract terms. Fourthly, to terminate the probationary period, the employer needs to prove that the employee does not meet the hiring conditions, otherwise it may be deemed an illegal termination. Fifthly, during the probationary period, the employer should also pay social insurance in accordance with the law and use the actual salary as the payment base. Sixthly, the length of service is calculated from the date of employment, and the probationary period is included in the length of service.Special services and other casesThe instructions on deadline management in the column can be used for reference.

VI. Frequently Asked Questions

Q1: Is it legal to offer a 20% discount during the probationary period?

It's necessary to check whether the amount after the discount meets the legal requirements. The probationary period salary cannot be lower than the minimum wage for the same position in the company, nor can it be lower than 80% of the salary agreed in the labor contract, and it also cannot be lower than the local minimum wage standard. Therefore, if the monthly salary agreed in the labor contract is 10,000 yuan, and the probationary period salary is issued at a 20% discount, which is 8,000 yuan, it just equals 80% of the agreed salary and is in line with the regulatory lower limit. However, if the company's agreed salary is set too low itself, or the amount after the 20% discount is lower than the local minimum wage standard, it is illegal and the employee should claim the compensation for the difference through arbitration.

Q2: What is the maximum length of the probationary period?

The duration of the probationary period is subject to the term of the labor contract: if the contract term is more than three months but less than one year, the probationary period shall not exceed one month; if it is more than one year but less than three years, the probationary period shall not exceed two months; if it is a fixed-term or open-ended contract of more than three years, the probationary period shall not exceed six months. At the same time, it should be noted that the same employer and the same employee can only agree on one probationary period; if the contract term is limited to the completion of certain tasks or the labor contract term is less than three months, no probationary period may be agreed upon; and the probationary period is included in the term of the labor contract. These are all hard restrictions, and violations should be required to be corrected.

Q3: If an employee is dismissed during the probationary period, what does the company need to prove?

It is necessary to prove that the worker does not meet the employment conditions. According to the Labor Contract Law, during the probationary period, unless the worker has serious violations of discipline or other statutory circumstances, the employer shall prove that the worker does not meet the employment conditions and bear the burden of proof. In practice, it is necessary to review whether the employment conditions have been clearly specified and informed to the worker in advance, whether there are objective assessment criteria and records, and whether the termination was made within the probationary period and the notification procedures were carried out. If it cannot be proven, the termination may be deemed illegal, and the employer needs to pay compensation. Therefore, it is recommended that workers properly keep the employment conditions, job responsibilities, and assessment records when they start work.

Q4: If I don't pay for social insurance during the probationary period, can I make up for it after I'm officially hired?

You can request to make up for the unpaid social insurance contributions. Employers shall pay social insurance for employees from the date of employment, and the probation period is also considered part of the employment period. Therefore, there is no rule that exempts employees from paying social insurance during the probation period. Therefore, you can file a complaint with the social insurance administrative department and request to make up for the unpaid social insurance contributions. It should be noted that making up for the unpaid social insurance contributions and claiming related rights through arbitration are two different approaches: the former follows the administrative channel, while the latter can claim economic compensation for the termination of the labor contract due to the employer's failure to pay social insurance in accordance with the law. In addition, it is necessary to verify whether the social insurance payment base is declared according to the actual salary, as this will affect the level of benefits after the expiration of the payment period.Labor arbitration and work-related injury compensationThe column can also provide supporting explanations.

Q5: If my salary is reduced during the probation period, can I get it back through arbitration?

Yes. Wages fall under labor remuneration disputes and are within the scope of labor arbitration. During the arbitration process, evidence such as labor contracts, pay slips, and bank transaction records should be provided to demonstrate the difference between the agreed upon wages and the actual amount paid, and to explain the specific circumstances in which the difference violates the statutory minimum wage. It should be noted that claims for wage differences are also subject to the arbitration statute of limitations, which is typically one year. Such claims should be raised as soon as possible. If the company has been paying wages below the agreed standard after the probationary period, the employee may also claim the ongoing wage differences, but attention should be paid to the starting date and calculation method of the statute of limitations.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits.Labor arbitration legal services·Beijing Henglu Law Firm

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