[Direct answer]In the Beijing area, it's legal but there are bottom lines—the probationary period salary must not be lower than the minimum wage for the same position in the company or 80% of the salary agreed upon in the labor contract, and it must not be lower than the minimum wage standard of the employer's location; that is to say, it's acceptable to offer an 80% discount, but the discounted salary cannot be lower than either of these two bottom lines. Any salary lower than the minimum wage standard is illegal; in addition, the probationary period and the salary discount must match the contract period. An excessively long probationary period itself is illegal.

1. Problem background and typical scenarios

The employment notice states a monthly salary of 20,000 yuan, but after starting work, the probationary period pays 16,000 yuan—a discounted salary. This is the first concern of many new employees: Is the company taking advantage of them? Where does the 20% discount come from? What other pitfalls regarding wages and probationary periods exist? Probationary rules may seem simple, but there are many practical disputes surrounding them.

II. Key points of contention

First, the legal basis for the 20% discount and the two bottom lines. Second, the scope of the minimum wage (basic salary or total compensation). Third, the matching rules between the probationary period and the contract. Fourth, the relief path when the salary is lower than the bottom line.

III. Professional analysis by Henglue Lawyers

First layer: Statutory rules: Article 20 of the Labor Contract Law of the People's Republic of China stipulates that the salary of a worker during the probationary period shall not be lower than the minimum wage for the same position in the unit or 80% of the agreed salary in the labor contract, and shall not be lower than the minimum wage standard in the employing unit's location—two meanings: Firstly, "80%" is a lower limit, not an upper limit. The company can stipulate that the probationary salary is 80% of the regular salary, 90% or no discount, but it cannot be lower than 80% (when compared with the minimum wage for the same position, the higher value shall prevail). Secondly, no matter how the discount is applied, it shall not be lower than the local minimum wage standard—the minimum wage standard in Beijing shall be subject to the current regulations of the city. If the discounted salary touches the minimum wage line, it is directly illegal. Second layer: Interpretation of minimum wage: Minimum wage refers to the remuneration for normal labor, excluding special conditions such as overtime pay, high-temperature allowance, and night shift allowance. If the basic salary structure is "3,000 yuan + 15,000 yuan in performance", the performance portion cannot be arbitrarily separated. The agreed salary in the labor contract refers to the salary earned for normal attendance. If the structure is artificially split to avoid the 80% threshold, the arbitration practice will determine the salary based on the actual earnings. Third layer: Period matching: The length of the probationary period is linked to the contract term—for contracts of more than three months but less than one year, the probationary period shall not exceed one month; for contracts of more than one year but less than three years, it shall not exceed two months; for contracts of more than three years or with no fixed term, it shall not exceed six months. The same employing unit and the same worker can only agree on one probationary period. For the part of the probationary period exceeding the statutory standard, compensation shall be paid at the standard of the regular salary (Article 83 of the Labor Contract Law: Where the probationary period stipulated in the contract has been performed, the compensation shall be calculated based on the monthly salary earned after the expiration of the probationary period and paid to the worker for the period exceeding the statutory probationary period). Fourth layer: Remedies: First, internal communication—check the labor contract, offer letter, and pay slips to calculate the discounted amount and the two thresholds; if no agreement is reached, apply for labor arbitration—claim compensation for the wage difference, and the arbitration statute of limitations is one year; if the employment is terminated due to the employer's breach of contract (forced termination), the worker may also claim economic compensation (Articles 38 and 46 of the Labor Contract Law); reporting channels—report to the labor supervision department for illegal acts of paying below the minimum wage. Fifth layer: Advice for new employees: Clearly stipulate the probationary salary, regular salary, and duration in the offer letter and contract; verbal promises do not count; if the discounted salary is lower than the thresholds, promptly preserve evidence (pay slips, bank statements, attendance records); statements such as "not paying social insurance during the probationary period" and "deducting money from resignation during the probationary period" are also illegal—our firm often reminds clients in labor cases: The probationary period is a normal stage of the labor relationship, with no fewer rights and clear regulatory boundaries. Most disputes can be resolved through communication.

IV. Practical suggestions and legal basis

The first step is to check the terms of the contract and the offer regarding the probationary period salary and duration item by item. The second step is to set a minimum standard: the discounted salary should not be lower than the minimum salary for the same position or 80% of the agreed salary, and it should not be lower than the minimum wage. The third step is to keep evidence: keep the pay slips, attendance records, and other relevant documents. The fourth step is to follow the legal procedures: if the employer fails to pay the full salary, the employee can file for arbitration to recover the difference; if the employer forcibly terminates the contract, the employee can claim compensation. The main legal basis is Article 19, Article 20, and Article 83 of the Labor Contract Law of the People's Republic of China, as well as the minimum wage regulations. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points regarding probationary period wages: a 20% discount is acceptable, but the two bottom lines of the minimum salary and the minimum rank in the same position cannot be violated; splitting the salary structure to avoid the 20% discount will be determined based on the actual salary; an excessively long probationary period is illegal, and compensation will be paid based on the regular salary for the exceeded period. Those involved in probationary period disputes can seek legal help through the following channels:Labor arbitration and work-related injury compensationThe service obtains an overall solution, and the disputes regarding their social security payments can be resolved together with it.Special servicesFor the plate, if you want to know about the cancellation of its compensation, you can refer to the relevant information.Business and contract disputes in enterprisesFor the column, if you need advice on how to preserve evidence, please feel free to consult usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Is it mandatory to offer an 80% discount on the salary during the probationary period?

No. The 80% is the lower limit, not a standard. The company can agree not to offer a discount or a higher discount, but it cannot be lower than 80% of the agreed salary (taking the higher one compared with the minimum salary for the same position).

Q2: What should I do if the discounted salary is lower than the minimum wage?

This is illegal. You can apply for arbitration to make up the difference, or file a complaint with the labor supervision department; if you are forced to terminate the contract due to insufficient payment, you can also claim economic compensation.

Q3: What is the maximum length of the probationary period?

The contract period shall be more than three months but less than one year, not exceeding one month; more than one year but less than three years, not exceeding two months; more than three years or with no fixed term, not exceeding six months. The same employer and the same worker can only sign a contract once.

Q4: Is it legal not to pay social insurance during the probationary period?

It's illegal. Social insurance should be paid as soon as the labor relationship is established. The probationary period is part of the labor relationship. If it's not paid, you can file a complaint and demand that the employer make up for the payment.

Q5: What can be claimed during an extremely long trial period?

If the probationary period agreed in the contract has already been fulfilled, the employee may claim compensation for the period exceeding the statutory limit based on the monthly salary standard after being confirmed as a regular employee.

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 necessary evidence to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.