[Direct answer]In the Beijing area, the probationary period is not an exemption period for arbitrary dismissal. According to Articles 21, 39, and 47 of the Labor Contract Law of the People's Republic of China, terminating the contract during the probationary period requires the employer to provide legal grounds such as the employee's failure to meet the hiring requirements and provide evidence to support these claims. Unjustified dismissal constitutes an illegal termination, and the employee may claim compensation (double the standard of economic compensation). The economic compensation is calculated based on the length of service, with one month's salary paid for each completed year and half a month's salary paid for less than six months. It is recommended to retain the hiring requirements, assessment, and notice of termination, and to seek arbitration if no agreement can be reached through negotiation. For more details, please refer to the relevant provisions of the Labor Contract Law of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Disputes over dismissal during the probationary period are most common among new employees. Typical situations include: the company dismissing the employee without giving a reason, saying "you're not suitable for the position during the probationary period and should leave on your own"; determining that the employee doesn't meet the requirements without clear hiring standards; and terminating the contract by disguising it as a job transfer. Many workers mistakenly believe that they can be dismissed at will during the probationary period and give up on protecting their rights. When handling similar cases in Beijing, the arbitration committee pays more attention to whether the company can provide evidence of the hiring conditions and the assessment results.

II. Key points of contention

There are two main points of contention. Firstly, whether the grounds for termination are statutory: the company must prove that the employee does not meet the hiring requirements, and that these requirements have been communicated to the employee and the assessment is objective. Otherwise, the termination will be deemed illegal. Secondly, the compensation standard: for illegal termination, the compensation amount is 2N; for legal termination, the compensation is calculated based on N, and the salary base is the average salary of the previous 12 months. For issues involving compensation scope, it can be combined with other relevant provisions.Creditor-debtor relations and enforcement case servicesUnderstanding.

III. Professional analysis by Henglue Lawyers

Take the labor dispute case handled by Henglue Law Firm as an example: The worker participated in the company's start-up as a technical supervisor, signed a cooperation agreement with virtual equity, but did not sign a labor contract or receive a salary. Later, the company claimed that there was no labor relationship and rejected his request for 212,000 yuan in compensation. Both the first-instance and second-instance courts adopted the opinion of Henglue Law Firm, determining that the two parties did not have personal dependency and economic subordination, and upheld the rejection. This case shows that the core of identifying a labor relationship lies in subordination. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

IV. Practical suggestions and legal basis

The core basis is Articles 21, 39, 47, and 87 of the Labor Contract Law (amended on December 28, 2012, and implemented on July 1, 2013); and the supporting Labor Dispute Mediation and Arbitration Law. Practical suggestions: Keep the employment conditions and job responsibilities when joining the company; when being dismissed, request a written notice of termination with a clear explanation of the reasons; collect payroll records, attendance records, and assessment records; first negotiate with the employer, and if no agreement is reached, apply for arbitration within one year. For more details, please refer to the relevant provisions.Special services and other case services.

5. Henglu Law Firm's Reminder

Dismissal during the probation period is not solely at the discretion of the company. The key lies in the evidence: whether the employment conditions were notified in writing, whether the assessment is objective, and whether the reasons for termination are in accordance with the law. If dismissed without a valid reason, the employee can claim compensation for unlawful termination. Note that the statute of limitations for arbitration is one year, starting from the date the employee becomes aware that their rights have been infringed. It is recommended to gather evidence as soon as possible and consult a lawyer to avoid exceeding the statute of limitations or losing evidence.

VI. Frequently Asked Questions

Q1: If I'm dismissed during the probationary period without any valid reason, can I get compensation?

Unless there are legal grounds and supporting evidence, the company's dismissal constitutes an illegal termination, and you can claim compensation (twice the standard of economic compensation). If the dismissal is due to your failure to meet the recruitment conditions that were previously disclosed, the company does not need to pay compensation. Whether you can receive compensation depends on whether the company has provided sufficient evidence. It is recommended that you first request a written explanation of the reasons for the dismissal before making a judgment.

Q2: What evidence do I need to prepare for claiming compensation for unlawful dismissal during the probationary period?

The core evidence includes: written employment conditions and job responsibilities, employment notifications and contracts, pay slips and attendance records, assessment results and termination notifications, work results and communication records. The evidence should be organized around the framework of "employment conditions have been informed - you meet the requirements - the company has no reason to terminate the contract". The more complete the materials are, the more advantageous it will be.

Q3: If I want to seek legal redress for being dismissed during the probationary period, are the attorney's fees and arbitration costs high?

Labor arbitration itself is free or has very low fees, and the threshold for protecting rights is not high. Lawyer's fees depend on the complexity of the case and the amount of the claim, and are agreed upon in the power of attorney contract, with no unified standard. The compensation for illegal dismissal is calculated based on the employee's salary and length of service, which can usually cover the reasonable cost of protecting rights. It is recommended to consult and evaluate first before deciding whether to hire a lawyer.

Q4: How long does it usually take to resolve disputes over dismissal during the probationary period?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days in complex cases. For first-instance ordinary procedures involving disputes over labor arbitration decisions, the time limit is six months, and for summary procedures, it is three months. Overall, it often takes several months from the application for arbitration to the final result. It is recommended to provide sufficient evidence during the arbitration stage, improve the efficiency of mediation or first-instance arbitration, and shorten the timeframe.

Q5: If I'm notified that I failed the probation period and am being dismissed, what should I do first?

First, require the company to issue a written notice of termination and state the reasons and basis for it; second, verify whether the recruitment conditions were notified in writing upon employment and whether the assessment is objective; third, collect evidence of wages, attendance, assessments, and communication; fourth, apply for arbitration to claim compensation within one year if you believe it is illegal. Keep records throughout the process and consult a lawyer when necessary.

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.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]Jinzhou People's Court of Ningxiang City, Hunan Province
[Judicial Summary]The company terminated the probationary employee for not meeting the employment conditions without clear hiring criteria or assessment evidence, which constitutes an illegal termination. The court ruled that the company should pay compensation of 14,800 yuan.
[Source]China Court Network (the trial period is not an exemption period) (2025-06)

[Case No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Guangzhou City, Guangdong Province
[Judicial Summary]The company terminated the contract without providing evidence that the employee did not meet the employment requirements, which constitutes an illegal termination. The company should pay compensation for the illegal termination and make up for the wage difference.
[Source]China Court Online (Can Employers Fire Workers at Will During the Probation Period? Judge: You Mustn't Misunderstand This) (2026-05)

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 Xue Suhua·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 you encounter disputes, please consult a practicing lawyer in time.