[Direct answer]Yes. The probation period is included in the length of service in the current unit. Article 7 of the Labor Contract Law of the People's Republic of China (amended for the second time on December 28, 2012, and implemented on July 1, 2013) stipulates that the employer shall establish a labor relationship with the employee from the date of employment; Article 19 stipulates that the probation period is included in the term of the labor contract. The probation period is not an exception period that is not counted before becoming a regular employee, but an integral part of the length of service: when calculating the economic compensation for leaving the job, one month's salary shall be paid for each completed year of service; for those with a probation period of more than six months but less than one year, it shall be calculated as one year; and the continuous calculation of the number of days of annual leave, the length of the medical leave, and the length of the social insurance payment period all include the probation period. If there are disputes over the starting date of the work experience, the employee may apply for labor arbitration within the one-year arbitration statute of limitations. For more details, please refer to the Labor Contract Law of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

"It's been almost half a year since I started working here, but the company said the compensation will be calculated from the date I became a regular employee. Is that right?" This is a frequently asked question in labor dispute consultations. Typical scenarios include: the labor contract stipulates a 3-month or 6-month probationary period, and when calculating the severance pay, the employer counts the working years from the date the employee became a regular employee, thereby reducing the number of months of economic compensation; when the employee is dismissed during the probationary period, the company refuses to pay compensation on the grounds that the probationary period does not count as being an official employee; and some companies confuse the probationary period with the internship period or the practice period, which affects the determination of the length of social insurance payment and the number of days of annual leave. In fact, as long as there is actual employment, the probationary period is included in the working years of the current employer. The handling path for related disputes can be referred to for reference.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The focus of such disputes centers on four points. First, the establishment time of the labor relationship: it is based on the actual date of employment, rather than the date of signing the contract or the date of becoming a regular employee, and the probation period is naturally included. Second, the base amount and number of months for economic compensation: the monthly salary is calculated based on the average salary earned in the twelve months prior to termination, and the number of months is converted based on the length of service in the current unit. The length of the probation period directly affects the calculation of the bracket where six months or more but less than one year are counted as one year. Third, the merging of working years across different units: if the worker is assigned to a new employing unit for reasons beyond his or her control, the working years in the original unit are merged into the working years in the new unit. Fourth, the linkage with social insurance, annual leave, and medical leave: the payment period during the probation period is counted continuously, the number of days of annual leave is determined based on the cumulative working time, and the medical leave period also takes into account the actual working years and the working years in the current unit.

III. Professional analysis by Henglue Lawyers

A labor dispute case handled by Attorney Feng Na vividly demonstrates the significance of work experience in the calculation of severance compensation. Li * * * * * joined Beijing A Technology Co., Ltd. as a technical staff on November 17, 2022, and the two parties signed a labor contract with a term from November 17, 2022 to November 16, 2025, stipulating a 6-month probationary period and a monthly base salary of 35,000 yuan plus a quarterly performance bonus of 5,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of economic layoffs and paid Li * * * * * a severance compensation of 9,028 yuan. Li * * * * * argued that the company's so-called "economic layoffs" were not reported to the labor administrative department, constituted an illegal termination, and should pay the annual performance bonuses as stipulated in the employment offer. On April 10, 2025, Li * * * * * applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee. The arbitration committee ruled that the parties had an employment relationship, and A Company should pay Li * * * * * 18,602 yuan for unpaid annual leave from January 1, 2023 to December 31, 2024, and a compensation gap of 91,821 yuan for the illegal termination. Both parties appealed to the Beijing Chaoyang District People's Court. This case shows that both the calculation of severance compensation and compensation are based on work experience, and the work experience is calculated from November 17, 2022, including the 6-month probationary period. The number of annual leave days also depends on the cumulative work experience, which is the reason why the arbitration ruled that Li * * * * * was entitled to unpaid annual leave, while the company only recognized 3 days. The court ultimately supported Li * * * * *'s main claims regarding the annual performance bonuses and the compensation gap for the illegal termination. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 7, Article 19, and Article 47 of the Labor Contract Law of the People's Republic of China (amended for the second time on December 28, 2012, and implemented on July 1, 2013); Article 10 and Article 27 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (promulgated and implemented by the State Council on September 18, 2008); Article 4 of the Measures for Implementing Paid Annual Leave for Employees (promulgated and implemented by the Ministry of Human Resources and Social Security on September 18, 2008); the provisions of the "Regulations on the Medical Leave for Employees Suffering from Illness or Non-work-related Injuries" (Labor Department Circular No. 479 of 1994) regarding the determination of the medical leave period based on the actual length of service and the length of service in the current unit; and Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008) regarding the one-year arbitration statute of limitations. Action list: First, preserve the labor contract, payroll records, social insurance records, and employment notifications to fix the evidence of the date of employment; Second, check the pay slips and personal income tax payment records to confirm the average monthly salary as the compensation base over the past 12 months; Third, when settling the account upon resignation, calculate the number of months of compensation based on one month per year of service, and six months or more but less than one year as one year of service; Fourth, if any under-calculation is found, first raise it in writing. If no resolution is reached, apply for arbitration within one year. For details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

Work experience is not an internal management concept that starts counting after becoming a regular employee, but a legally defined basis for calculating rights. Reducing work experience directly means losses in compensation, annual leave, and medical leave. If the employer reduces the length of service on the grounds that the probationary period assessment failed or that the work experience starts from the date of becoming a regular employee according to the company's rules, the employee can claim their rights based on pay slips, social insurance records, and attendance records. It should be noted that the arbitration statute of limitations is one year, starting from the date when the employee knows or should have known that their rights have been infringed. If the deadline is exceeded, they may lose the right to win the case. When handling similar cases in the Beijing area, it is recommended that employees bring the necessary materials and seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers calculate the length of service and the amount of compensation.

VI. Frequently Asked Questions

Q1: Is the probation period considered as working experience, and can I get the compensation back when I resign?

You can make a claim, but you need to prove the actual employment facts and wage standards. As long as there is actual employment, the probationary period will be included in the length of service in the current unit, and the economic compensation will be calculated based on the length of service including the probationary period. If the company calculates it from the date of conversion to regular employment, it is considered an underestimation, and the worker can apply for arbitration to request compensation for the difference. Whether the claim can be fully supported depends on whether the evidence such as wage records, social insurance records, and termination notices is complete, and whether the termination action is legal. For unlawful terminations, you can also claim compensation of twice the standard of economic compensation. The outcome of individual cases will be determined based on the evidence and the arbitration committee or court's findings. No lawyer can unilaterally guarantee victory or defeat.

Q2: To prove that the probationary period should be included in the working years, what evidence do I need to prepare?

The core materials can be divided into four categories: First, evidence of employment and hiring, including labor contracts, offers, employment registration forms, probation approval forms, and attendance and access control records; Second, wage evidence, including bank statements, pay slips, and personal income tax payment records, which are used to confirm the starting point of the employee's seniority and the compensation base; Third, social insurance records, payment details issued by the social insurance agency can verify the continuity of the payment period; Fourth, termination evidence, including termination notices, resignation handover forms, and settlement communication records. The materials should be organized according to the timeline to form a complete chain.

Q3: How much does it cost to arbitrate a dispute over working years?

Arbitration of labor disputes is free of charge. After entering litigation, according to the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), each labor dispute case shall pay 10 yuan. For cases settled through mediation or with the application of simplified procedures, the fee shall be reduced by half; for cases applying for property preservation, the preservation fee shall be paid in stages according to the amount of the subject matter. Lawyer's fees are determined through negotiation between the law firm and the client. They are usually charged on a per-case basis or according to a percentage of the subject matter, and there is no unified government pricing. Cases involving the compensation for seniority usually have a small subject matter, so it is advisable to first attempt negotiation or mediation, which is more cost-effective.

Q4: How long does it usually take to resolve a dispute over working years?

The arbitration stage generally concludes within 45 days from the date of acceptance, and the case may be extended by 15 days with approval if the circumstances are complex. For those who file a lawsuit against the arbitration award, the first-instance ordinary procedure shall be concluded within six months and the summary procedure within three months. For disputes over working years, the facts are relatively clear, and most cases can be resolved within three months; if the dispute involves the wage base and requires retrieving bank statements, or if the employer has been liquidated or is untraceable, the timeframe will be extended. Note that the arbitration statute of limitations is one year, so it's important to initiate the procedure as soon as possible to avoid delays.

Q5: If I find that the company hasn't included the probationary period in my work experience, what should I do first?

The process can be divided into three steps: First, collect and fix the evidence, with a focus on the labor contract, payroll records, social insurance payment records, and termination notices; Second, propose to calculate the length of service and compensate for the difference in payment through written communication with the company's HR or responsible person, and keep the communication records; Third, if no agreement is reached, apply for arbitration to the labor and personnel dispute arbitration committee in the place where the labor contract is performed or the employer's registered address within the one-year arbitration statute of limitations. If the amount involved is large or the company refuses to communicate, it is recommended to consult a professional lawyer as soon as possible to calculate the amount and formulate a strategy.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 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.