[Direct answer]No. According to Article 19 of the Labor Contract Law of the People's Republic of China (effective from January 1, 2008, and amended on December 28, 2012), the same employer and the same employee can only agree on one probationary period. It is illegal to agree on a probationary period again when renewing the labor contract. The maximum probationary period is: for a contract term of more than three months but less than one year, it shall not exceed one month; for a contract term of more than one year but less than three years, it shall not exceed two months; and for a fixed-term or open-ended contract term of more than three years, it shall not exceed six months. According to Article 83, if the illegal probationary period has been performed, the employer shall pay the worker compensation based on the worker's monthly salary after the expiration of the probationary period for the period exceeding the legal standard. If a second probationary period is encountered, the worker may apply for arbitration within the one-year arbitration statute of limitations to request correction and claim compensation.

I. Problem Background and Typical Scenarios

Common situations include: when the contract expires and is renewed, the company writes "three-month probation period" in the new contract; when transferring positions internally or signing a new contract, the probation period is reset; probation periods are disguised under the names of "observation period", "inspection period", and "adaptation period"; and even making workers resign and then re-employ them, starting the probation period anew with the status of "new employees". Many workers believe that renewing the contract means starting over, and they sign the probation period clauses again when they encounter them. It's not until their regular salary is lowered or the risk of termination reappears that they realize the problem. The probation period can only be agreed upon once, and the same applies to renewing the contract. For related rights protection issues, please refer to the following content.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

There are four key points of contention. Firstly, the boundaries of the "same labor relationship": Renewing or signing a contract extension constitutes a continuation of the same labor relationship, and a probationary period cannot be re-agreed upon. If an employee re-joins the company after leaving, it is generally considered as establishing a new labor relationship. However, if the employee leaves under false pretenses or interrupts the employment to evade legal obligations, there is still a risk of being deemed illegal. Secondly, the situation of employer affiliation: Whether signing a contract within a group company or rotating employment among affiliated companies constitutes the "same employing unit" requires comprehensive judgment based on personnel, financial, and business management factors. Thirdly, compensation calculation: The standard shall be the monthly salary during the probationary period, and the period and salary base shall be fixed. Fourthly, the minimum wage during the probationary period: It shall not be less than 80% of the regular salary and shall not be lower than the local minimum wage standard.

III. Professional analysis by Henglue Lawyers

The case of the 12 workers represented by Attorney Feng Na is directly related to the rules on the probationary period and the renewal of labor contracts. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to Zhang Li, Hu Fei, Liu Gang, and other 12 employees on the grounds that the recruitment procedures were not standardized during inspections. During their employment, these employees provided labor, accepted management, and received salaries as usual, and some of them even renewed their labor contracts with the company. In the lawsuit, the company claimed that the renewal of labor contracts required internal approval, but Attorney Feng Na argued that the renewal of labor contracts applies to the principle of mutual consent, and internal or superior-level approval is a company management process that cannot infringe on the legitimate rights and interests of workers. A written contract becomes effective upon signing and stamping by both parties, and social security registration is not a prerequisite for the contract's effectiveness. The arbitration, first-instance, and second-instance courts all adopted the lawyer's opinion, ruling that the company's termination was illegal and ordering continued performance of the contract. The 12 workers achieved three consecutive victories in the case. This case illustrates that the renewal of a contract is a continuation of the same labor relationship rather than a new beginning. For this reason, Article 19 of the Labor Contract Law clearly stipulates that the same employer and the same worker can only agree on one probationary period. If the company re-sets the probationary period during the renewal or replacement of the contract, it constitutes an illegal agreement, and the compensation should be paid for the performance already completed. This case was handled by Beijing Henglu 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

Legal basis: Article 19 (number and maximum duration of probationary periods), Article 20 (standard of probationary wages), and Article 83 (liability for illegal probationary period provisions) of the Labor Contract Law of the People's Republic of China (effective January 1, 2008, and amended on December 28, 2012); and the Implementing Regulations of the Labor Contract Law of the People's Republic of China (State Council Decree No. 535, effective September 18, 2008) regarding probationary periods and the duration of labor contracts. Action list: 1. When renewing the contract, verify whether the probationary period has been re-agreed upon and may raise objections in writing on the spot; 2. Keep all previous labor contracts, renewal agreements, position change documents, and pay slips; 3. For those who have been subject to a second probationary period, calculate the wages earned during the actual probationary period and the monthly salary after the probationary period ends to determine the compensation amount; 4. Negotiate with the employer to rectify the situation. If no agreement is reached, apply for arbitration or file a complaint with the labor administrative department; 5. Note the one-year arbitration statute of limitations. For details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Advice

The compensation for the illegal probation period is calculated based on the "period exceeding the statutory standard". The length of time served and the monthly salary after becoming a regular employee are the two key factors determining the amount of compensation. The payroll records should be checked on a monthly basis. Even if the period is labeled as an "observation period" or an "evaluation period", but is actually managed as a probation period, it may still be recognized as a probation period. When transferring to a related company, it is necessary to preserve evidence of industrial and commercial registration, personnel management, and salary payment entities to prevent the employer from raising the defense of "new company". When handling similar cases in the Beijing area, it is recommended to seek legal assistance as soon as possible.Beijing Henglue Law FirmDuring the professional lawyer's calculation of the amount, avoid making concessions passively during the negotiation.

VI. Frequently Asked Questions

Q1: If the contract is renewed and a probationary period is stipulated again, can I win the arbitration?

There's a high degree of certainty about this. Article 19 of the Labor Contract Law clearly stipulates that the same employer and the same worker can only agree on one probationary period. Renewing or signing a labor contract constitutes a continuation of the same labor relationship, and agreeing on a probationary period again would be an illegal agreement. If the worker can provide evidence such as two consecutive labor contracts and renewal agreements to prove that the employment subject and the labor relationship continue, claiming that the probationary period is illegal and requesting compensation will usually be supported. For the illegal probationary period that has already been implemented, the employer shall pay compensation based on the monthly salary at the end of the probationary period for the period exceeding the statutory standard. The conclusion of the case shall be based on the evidence and the judgment of the court.

Q2: What evidence do I need to prepare to claim compensation for the second probationary period?

The key is to prove the "same labor relationship" and the "second-time agreed probation period": first, the labor contracts signed before and after, the renewal agreements, and the amendment agreements, which show that the labor relationship continues; second, the contract texts containing the probation period clauses, screenshots of the personnel system, or recruitment notifications; third, the payroll records, used to determine the monthly salary standard after the probation period and the actual duration of the probation period; fourth, the social insurance and personal income tax payment records, which corroborate the continuity of employment; fifth, the chat records and emails regarding the renewal and probation period. For cases involving the signing of contracts with related companies, additional evidence of industrial and commercial registration and personnel management is required. Only when all the materials are available can the duration and amount be accurately calculated.

Q3: How much does it cost to resolve such disputes, and how is the compensation generally calculated?

Labor arbitration is free of charge; for litigation in court, a handling fee of 10 yuan per case shall be paid, which shall be borne by the losing party or shared proportionally; the attorney's fees shall be determined by the client and the law firm through consultation, with no unified government pricing. Regarding compensation, for the probationary period that violates the law and has already been performed, the employer shall pay compensation based on the monthly salary of the employee after the probationary period expires, for the period exceeding the statutory standard that has already been performed. For example, if there is no illegal probationary period in a three-year contract, but a three-month probationary period is agreed upon when the contract is renewed, the three months can be claimed based on the monthly salary standard after the probationary period. The specific amount depends on the monthly salary and the illegal period, and it should be calculated before arbitration.

Q4: How long will it take to resolve the dispute over the second probationary period?

The arbitration tribunal shall make a ruling within 45 days from the date of acceptance, and the time limit may be extended by 15 days with approval if the case is complex. If the party refuses to accept the ruling and files a lawsuit, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. Most cases will have results in three to six months, but disputes involving wage standards or the calculation of the illegal period may take longer. The statute of limitations for arbitration is one year, starting from the date when the party knows or should have known that his rights have been infringed. It is recommended to apply for arbitration as soon as possible during or after the second probationary period to avoid the statute of limitations expiring and making it impossible to claim for certain periods of time.

Q5: If I find that my employer has arranged two probationary periods, what should I do first?

Four steps to proceed: First, sort out the two contract texts and the renewal records to confirm the start and end dates of the second probationary period and the agreed terms; Second, collect the salary slips and calculate the difference between the standard wage during the illegal period and the regular wage; Third, negotiate with the unit to rectify the situation, raise objections in writing and keep the records; Fourth, if no agreement is reached, apply for arbitration to the arbitration committee within the one-year arbitration statute of limitations to claim compensation for the illegal probationary period, and also file a complaint with the labor administrative department to request rectification. If you are unsure about the calculation of the period and amount, it is advisable to entrust a professional lawyer to calculate it as soon as possible.

The above questions and answers are mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative opinions in different regions. It is recommended to consult professional lawyers according to the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Labor arbitration legal services·Attorney Feng Na·Beijing Henglu 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 a dispute arises, please consult a practicing lawyer in time.