The situation: An employee on a three-month probation is dismissed one day before it ends, with the stated reason 'does not suit the job requirements' and no specific standard.
Applicable law: The Labor Contract Law allows termination during probation only if the worker is proven not to meet the 'recruitment conditions,' which must be announced and defined in advance, with the burden of proof on the employer. Probation length is also tied to contract length (never longer than six months).
Outcome: The company could show no written standards or objective assessment, so the dismissal was deemed unlawful and it had to pay compensation.
👷 Labour disputes · Awareness case
Firing During Probation Is Not a Free Pass · Yalla China
🤝 Governing law: 劳动合同法 / Labor Contract Law
Can an employer fire you in probation just by saying you're 'not a fit'?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: Probation is not a lawless zone. Ask for written recruitment criteria from day one — they are your shield against arbitrary dismissal.
🕒 Updated: 16 March 2026