Signing a Labor Contract with Probation Agreement: Is Prior Notice Required for Termination of Probation?

Based on the provisions of Clause 1, Article 24 of the 2019 Labor Code:

Employers and employees may agree on probationary content recorded in the labor contract or agree on probation by entering into a probationary contract.

According to this regulation, current law allows enterprises, when recruiting labor, to either sign a separate probationary contract from the labor contract or combine them by signing only a labor contract and specifying the probation period within the labor contract.

Simultaneously, Clause 2, Article 27 of this Code stipulates:

During the probation period, each party has the right to cancel the probationary contract or the concluded labor contract without prior notice and without compensation.

Thus, during the probation period, the employee has the right to terminate the probationary agreement, whether it is through a separate probationary contract or a labor contract combined with a probationary contract. The enterprise's agreement on the probationary content within the labor contract does not limit the employee's right to terminate the probation.

Therefore, the company's demand for you to give 30 days' notice if you want to quit during the probation period is against legal regulations.

Respectfully!