Is the 6-Month Labor Contract with a 60-Day Probation Period Legal?

Our company is currently hiring employees with college or university degrees. Due to the company's needs, the employment duration is only 6 months. However, due to the nature of the job, we require a 60-day probation period, and only upon successful completion of this period will we sign a 6-month labor contract. We would like to inquire if this practice conforms to labor laws.

According to Article 24 of the 2019 Labor Code:

The employer and the employee may agree on probationary content stipulated in the labor contract or agree to a probation period by entering into a probation contract.

Probation is not applicable to employees who enter into labor contracts with a term of less than 01 month.

Therefore, according to the regulations, probation is not applicable to employees who enter into labor contracts with a term of less than 01 month. In the case where your company intends to sign a 6-month labor contract, probation can still be implemented.

Clause 2 of this Article 25 also regulates:

The probation period is determined by mutual agreement based on the nature and complexity of the job, but probation can only be conducted once for any particular job and must fulfill the following conditions:

...

Not exceeding 60 days for jobs with positions requiring professional or technical qualifications from college level or higher.

Based on the information you provided, your company is recruiting employees with college or university qualifications or higher; therefore, applying a probation period of 60 days is entirely consistent with this regulation.

Respectfully!

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