[Direct answer]In the Beijing area, a written labor contract must be signed during the probationary period, and failure to do so is illegal. According to Articles 10 and 82 of the Labor Contract Law of the People's Republic of China, if an employer fails to sign a written labor contract with an employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage; if the contract is not signed within one year, it shall be deemed to have entered into an indefinite-term contract. At the same time, social security registration is not a prerequisite for the contract to take effect. If the employment relationship is terminated solely on the grounds of non-registration or internal rectification, it constitutes an illegal termination. It is recommended to keep evidence such as salary records, attendance records, and termination notices, etc. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

I. Problem Background and Typical Scenarios

It's not uncommon for small and medium-sized enterprises not to sign contracts during the probationary period. Typical scenarios include: the unit delays signing the contract on the grounds that "it's still in the probationary period and the contract will be signed after the probationary period"; only verbally agreeing on the salary and position, and denying the labor relationship when disputes arise; and unilaterally dismissing employees on the grounds of "irregular recruitment procedures" and "inspection and rectification". Many workers mistakenly believe that they can "just work for now" during the probationary period, only to find it difficult to protect their rights when they are dismissed or owed wages. Clarifying the mandatory nature of written contracts and the legality of their termination is a prerequisite for protecting their own rights. For cases involving work-related injury identification, relevant provisions can be referred to for reference.Personal injury and medical dispute servicesEvaluate the equity.

II. Key points of contention

There are three main points of contention. Firstly, the obligation to sign a contract: the probationary period is included in the term of the labor contract, and the employer must conclude a written contract within one month from the date of employment. Otherwise, they will bear the responsibility of paying double wages. Secondly, the effectiveness of the contract: according to Article 16 of the Labor Contract Law, the contract becomes effective once both parties sign and stamp it. The filing with the human resources and social security department is merely an administrative matter and does not affect the validity of the contract. Thirdly, the legality of termination: supervision and rectification, as well as irregular recruitment, do not constitute the statutory unilateral termination circumstances stipulated in Article 39 of the Labor Contract Law. Therefore, dismissing employees in this way is an illegal termination. For issues related to employment compliance, you can refer to the relevant provisions.Business and contract dispute services for enterprisesDetermine the nature of it.

III. Professional analysis by Henglue Lawyers

Based on the practice handled by our firm, the legal consequences of not signing a written labor contract during the probationary period are clear. Taking a group case handled by Attorney Feng Na as an example: In August 2025, A Company terminated the contracts of 12 employees, including Zhang Li, Hu Fei, and Liu Gang, by issuing "Notices of Termination of Labor Relationship" on the grounds that the recruitment procedures were found to be irregular during inspections. The 12 employees entrusted Attorney Feng Na of Beijing Henglu Law Firm to jointly apply for arbitration, first-instance and second-instance litigation. All courts ruled that the terminations were illegal and ordered the continuation of the contracts. The focus of the case was whether the filing with the human resources and social security authority is a prerequisite for the effectiveness of the labor contract. According to Article 16 of the Labor Contract Law, the contract becomes effective upon signature and stamping by both parties, and the filing is merely an administrative matter. Whether the terminations based on inspection and rectification and irregular recruitment are lawful terminations. Neither of these situations constitutes a statutory unilateral termination as stipulated in Article 39 of the Labor Contract Law. The arbitration, first-instance, and second-instance courts all adopted the lawyer's opinion, and the second-instance court rejected the appeal and maintained the original judgment, achieving three consecutive victories. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the documents issued by the judicial administrative organ) acts as the agent. Employers shall not evade the statutory termination conditions on the grounds of internal rectification or non-filing, and workers who encounter illegal terminations should preserve evidence such as contracts, wages, and termination notices to safeguard their rights in a timely manner.

IV. Practical suggestions and legal basis

The legal basis is Article 10 (Written Contracts), Article 16 (Effect of Contracts), Article 39 (Statutory Termination Circumstances), Article 48 (Consequences of Unlawful Termination), and Article 82 (Double Wages) of the Labor Contract Law (amended on December 28, 2012); and Article 19 of the Implementing Regulations of the Labor Contract Law. Practical suggestions: Require a written contract within one month of employment, and refuse to sign one after being "promoted to regular status"; preserve evidence of the employment relationship, such as pay slips, attendance records, and work badges; when being unlawfully terminated, collect the termination notice and claim continued performance of the contract or compensation; if no agreement is reached through negotiation, apply for arbitration promptly. For cases involving cross-regional employment, relevant provisions may also be applied in combination with other laws and regulations.Special services and other case servicesDevelop a plan.

5. Henglue Law Firm's Reminder

The probationary period is not an "extrajudicial period", and a written labor contract is a statutory obligation. Workers should not easily believe the "work first, sign later" approach, and should actively request to sign a contract within one month of employment and keep the evidence. If the employer dismisses the worker on the grounds of non-filing, supervision rectification, etc., it is likely an illegal termination, and the worker can claim rights according to law. In the event of unpaid wages or dismissal, promptly preserve the pay slips, chat records, and termination notices. If necessary, you can seek professional legal advice to evaluate the specific case.Real estate sales and construction project servicesoutside of professional labor rights protection teams.

VI. Frequently Asked Questions

Q1: If I don't sign a contract during the probationary period, can I definitely get double the salary?

Legal support is available, but subject to certain conditions. According to Article 82 of the Labor Contract Law, if an employer fails to sign a written contract with an employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the normal wage; if the contract is not signed within one year, it shall be deemed as an indefinite-term contract. Whether the employee can actually receive compensation depends on whether the employee can prove the existence of an employment relationship (such as pay slips, attendance records, and work records) and file a claim within the arbitration statute of limitations. It is recommended that employees request a contract upon employment, fix the evidence as soon as possible if the contract is not signed, and apply for arbitration in a timely manner to avoid exceeding the statute of limitations.

Q2: What evidence do I need to prepare to prove the labor relationship and the fact that I haven't signed a contract?

The core evidence includes: wage payment records (bank statements, pay slips), attendance and scheduling records, work badges or ID cards, recruitment registration forms, colleague testimonies, and WeChat or email communications regarding employment and job responsibilities. The evidence is organized around the "actual employment and acceptance of management", proving that the labor relationship was established from the date of employment. The more complete the materials are, the easier it will be to support claims for double wages and unlawful termination, and to avoid having the employment relationship denied due to weak evidence.

Q3: How much does it cost to hire a lawyer to protect one's rights in the case of an unsigned contract?

Labor arbitration does not charge case acceptance fees; if the case proceeds to litigation, according to the "Measures for the Payment of Litigation Fees", a lower fee will be paid for each case, which shall be borne by the losing party. The attorney's fees will vary depending on the complexity of the case and the amount of the claim (such as twice the salary, compensation, etc.), and will be charged on a per-item or pro-rata basis, subject to the terms of the engagement contract. There is no unified standard. Since the subject matter of labor disputes is usually clear and the cost of protecting rights is relatively controllable, it is recommended to first consult a lawyer to evaluate the evidence and the amount that can be claimed, and then decide whether to hire a lawyer.

Q4: How long does it usually take to get a result for this kind of labor rights protection?

Labor disputes generally require first applying for arbitration. The arbitration committee shall conclude the case within 45 days from the date of acceptance, and the time limit may be extended by 15 days for complex cases. If the parties are dissatisfied with the arbitration award, they may file a lawsuit with the court within 15 days. The first-instance ordinary procedure lasts six months, and the summary procedure lasts three months. If the employer appeals, the second-instance procedure generally lasts three months. Overall, it may take several months to a year from arbitration to the second-instance procedure. It is recommended to fix the core evidence at the arbitration stage, and to claim for continued performance or compensation for illegal dismissal at the same time to improve the efficiency of protecting rights.

Q5: If I'm unlawfully dismissed during the probationary period, what should I do first?

Here's the translation of the Chinese (Simplified) sentence into English, with a detailed explanation: Suggested four steps: 1. Immediately save the termination notice, chat records, and salary payment records to prove the employment relationship and the facts of termination. 2. Verify whether the unit's termination reasons fall under the statutory circumstances specified in Article 39 of the Labor Contract Law. For those without signed contracts, they can also claim double wages. 3. Submit an arbitration application to the Labor and Personnel Dispute Arbitration Committee within the arbitration time limit (usually one year) to demand continued performance of the contract or compensation. 4. If negotiations fail, promptly hire a lawyer to intervene. Throughout the process, keep all communication and attendance records, and never sign any unfavorable documents.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 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.