One misunderstanding of employer may have about probation is that they think probation is kind of informal labor relationship, and they may terminate the probation without reason.

 

Yes, for employee still in probation, the salary could be 80% of the normal salary, and if he is not proved to be not qualified for his/her position, he could be fired. However, please be noted that employee in probation is formal employ and probation should be counted into the term of labor contract.

 

The following common mistakes should be avoided:

1. Do not sign labor contract with employee in probation.  Remember: with or without probation, if  employer don’t sign labor contract with employee within one month since the employee start work with employer, employee is entitled to two times salary as compensation.

 

2. Fire employee in probation without any reason. The employer will be expected to give a reason for the layoff. Though written notice is not required by law, but it’s highly recommend that employer give a written notice explaining the reason, and make sure they have enough support document.