[Direct answer]In the Beijing area, if an employee is dismissed during the probationary period due to failing the assessment, the law does not require a 30-day notice, but the dismissal must comply with statutory conditions and procedures. According to Article 39 (1) of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), the dismissal can only be implemented if the employee is proven to "not meet the employment conditions during the probationary period". Article 21 also requires the employer to explain the reasons to the employee. The 30-day written notice applies to the circumstances of non-fault dismissal under Article 40 and does not apply to the probationary period. If the employer cannot prove that the employment conditions have been clearly informed and the assessment is objective and reasonable, it constitutes an illegal dismissal. The employee may, in accordance with Articles 48 and 87, demand the continuation of the contract or claim compensation at twice the standard of economic compensation.

I. Problem Background and Typical Scenarios

Typical scenarios include: being told "you failed the evaluation and don't need to come back tomorrow" just two weeks after starting work, without ever being informed of the evaluation criteria; being dismissed on vague grounds such as "incompatible values" or "poor team cooperation"; being abruptly notified of dismissal on the last day of the probationary period; or the employment conditions signed upon hiring being rendered meaningless, with the evaluation forms being retroactively filled out. While the threshold for dismissal during the probationary period is lower than that for the formal employment period, it's by no means a case of "dismissal at will": the reasons for dismissal must fall within the statutory circumstances, and both the employment conditions and the evaluation process must be verifiable. When encountering such disputes, you can refer to the relevant legal provisions for guidance.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The dispute focuses on four points. Firstly, whether the hiring conditions are clear, legal, and have been communicated to the worker. The recruitment announcement, offer letter, job description, and signing records are key. Secondly, whether the assessment has objective basis and process records, or is retroactively done after the termination; if there are no quantitative standards or no scoring has ever been conducted, it is difficult to determine that the worker is "unqualified". Thirdly, whether the procedures are compliant: whether the termination is made within the probationary period, whether the worker is given a reason, and whether a written notice is provided. Fourthly, the choice of consequences for illegal termination: requiring continued performance or claiming double compensation. Only one of the two can be chosen. In the judicial practice of Beijing, the employer bears the burden of proof for the legality of the termination during the probationary period. Assessments lacking basis are often deemed as illegal terminations.

III. Professional analysis by Henglue Lawyers

The core dispute of the case involving the 12 workers represented by Attorney Feng Na is whether the reasons for terminating the employment contracts were legal. In August 2025, A Company issued "Notices of Terminating Employment Relationships" to Zhang Li, Hu Fei, Liu Gang, and other 12 employees, unilaterally terminating the contracts on the grounds that the recruitment procedures were found to be irregular during inspections. These employees had been providing labor, accepting management, and receiving salaries during their employment, and some of them even renewed their labor contracts with the company. The company claimed that the terminations were legal based on the requirements of the inspection and rectification, and requested confirmation that the terminations were legal and did not require further performance. Attorney Feng Na compared Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law, pointing out that neither inspection and rectification nor irregular recruitment procedures are statutory grounds for unilateral termination. Therefore, the dismissals essentially constituted illegal terminations aimed at evading the law. Based on Article 48 of the Labor Contract Law, the arbitration ruling determined that if the workers request continued performance and the labor contract can still be performed, the employer should continue to perform the contract. The first-instance judgment fully adopted the lawyer's opinion, and the second-instance court rejected the company's appeal and upheld the original judgment, enabling the 12 workers to achieve three consecutive victories. This case shows that whether it is inspection and rectification or "failure to pass the probationary period assessment", the reasons for termination must fall within the statutory circumstances and be supported by evidence. Vague management evaluations are not sufficient to constitute legal terminations. 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 (Probationary Period Agreements), Article 21 (Restrictions on Termination During the Probationary Period and Reasons for Termination), Article 39 (Circumstances of Fault-Based Termination), Article 40 (No-Fault Termination and Advance Notice), Article 47 (Standard of Economic Compensation), and Articles 48 and 87 (Consequences of Unlawful Termination) of the Labor Contract Law of the People's Republic of China (effective January 1, 2008, and amended on December 28, 2012); Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (State Council Decree No. 535, effective September 18, 2008). Action list: First, upon employment, request and retain the signed records of employment conditions, job descriptions, and evaluation systems; Second, during the probationary period, retain work results, reporting records, and evaluation feedback; Third, upon receiving a termination notice, require the employer to provide a written notice and specify the reasons and basis; Fourth, verify whether the termination occurred during the probationary period and whether the reasons are supported by evidence; Fifth, if deemed unlawful, apply for arbitration within the one-year statute of limitations, as detailed below.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Advice

The probation period is a high-incidence period for labor disputes. The process of evaluation leaves more traces than the results: whether the recruitment conditions have been signed, whether the evaluation has been scored, and whether the feedback has been documented often determine whether the termination is legal or not. Oral termination can also be protected by law, but attention should be paid to recording the conversation and confirming the termination time and reason in writing. Employees can choose between continuing to perform the duties and receiving double compensation, but they should comprehensively evaluate the existence of the position, the salary level, and the remaining term of the contract before making a choice. If necessary, they should seek legal help as soon as possible.Beijing Henglue Law FirmProfessional lawyers estimate the benefits of the two paths.

VI. Frequently Asked Questions

Q1: The company said that I failed the probationary period assessment. Can I win the arbitration case?

It depends on the employer's ability to provide evidence. According to Article 39 (1) of the Labor Contract Law, if the employer terminates the contract on the grounds that the employee fails to meet the recruitment requirements during the probationary period, the employer shall prove that the recruitment requirements are clear, have been informed to the employee, the evaluation process is objective, the conclusion is based on evidence, and the reasons have been explained to the employee. If the employer completes the evidence, the termination is legal; if the recruitment requirements are not publicized, the evaluation is done retrospectively, the reasons are vague, or the termination occurs after the probationary period, it is often deemed an illegal termination, and the employee can claim to continue the contract or compensation at twice the standard of economic compensation. The outcome of the case shall be determined based on the evidence and the judgment, and no lawyer can unilaterally guarantee victory or defeat.

Q2: What evidence should be preserved when dealing with the termination of the probationary period?

Five categories of materials: 1. Evidence of hiring conditions, such as recruitment advertisements, offer letters, job descriptions, and signed records of employee handbooks; 2. Evidence of performance evaluations, including evaluation forms, scoring records, work results, reporting emails, and feedback during the probationary period; 3. Evidence of termination, such as written termination notices, recording of conversations, personnel communication records, and final attendance records; 4. Evidence of labor relations, including labor contracts, payroll records, social insurance records, and attendance records; 5. Evidence of wage standards, used to calculate compensation or wage losses during the continuation of the employment relationship. The evidence should be organized chronologically, and any missing materials should be supplemented as soon as possible.

Q3: How much does it cost to initiate an arbitration to terminate the probationary period?

There is no fee charged during the labor arbitration stage, as explicitly stipulated in Article 53 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (effective May 1, 2008). For cases filed in court, a filing fee of 10 yuan per case must be paid in accordance with the Measures for the Payment of Litigation Costs (State Council Decree No. 481, effective April 1, 2007), which shall be borne by the losing party or shared proportionally according to the outcome of the case. Lawyer's fees are not subject to unified government pricing and shall be determined through negotiation between the client and the law firm. Compensation for unlawful termination is calculated at twice the standard of economic compensation. For probationary periods of less than six months, the economic compensation is half a month's salary, and the double amount is one month's salary. The amount involved is usually not large, so whether to hire a lawyer can be weighed based on the availability of evidence.

Q4: How long will it take to resolve the dispute over the termination of the 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 upon approval if the case is complex. If a party is not satisfied with the ruling and files a lawsuit, the first-instance ordinary procedure shall be completed within six months, and the summary procedure within three months. Most cases will have results in three to six months. If it is necessary to review and assess the authenticity of the materials or conduct multiple rounds of evidence collection, the process may take nearly a year. The statute of limitations for arbitration is one year, calculated from the date when the party knows or should have known that his rights have been infringed. It is recommended that the party apply for arbitration as soon as possible after receiving the notice of termination, and simultaneously prepare evidence for two possible paths: continuing to perform the contract or seeking compensation.

Q5: If I receive a notice of termination due to "unsatisfactory performance," what should I do first?

Four steps to proceed: First, require the unit to issue a written notice of termination, stating the reasons and basis. Record the conversation of termination and confirm it in writing; Second, compare the labor contract and the recruitment conditions to verify whether the termination is within the probationary period and whether the reasons fall under Article 39 (1) of the Labor Contract Law; Third, fix the evidence, including assessment records, work results, salary records, and communication records; Fourth, if you believe the termination is illegal, apply for arbitration within the one-year arbitration statute of limitations and choose between continuing to perform the contract and seeking double compensation. If you are unsure about the legality of the termination, consult a professional lawyer for an assessment as soon as possible.

This article is written based on the common judicial interpretation 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 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 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.