Is It Legal to Discount Salary During Probation? 9 Q&As on Job Search Salary Pitfalls

Is It Legal to Discount Salary During Probation? 9 Q&As on Job Search Salary Pitfalls

What's the worst part of job hunting? It's not getting rejected after an interview—it's discovering after you start that your salary is far below what you expected. Probation pay cut to 80%, social insurance and housing fund calculated on the minimum base, overtime pay that exists only on paper, year-end bonuses that vanish at the company's whim... These salary traps quietly cost workers thousands every year. What's worse, many people don't even realize they've been shortchanged, assuming "that's just how companies operate." In reality, labor laws have spelled out your rights clearly—you just haven't read them. The following 9 Q&As cover the most common salary pitfalls during your job search and employment. Each one could save you thousands, or even tens of thousands.

Q1: Can Probation Salary Be Lower Than the Regular Salary?

Yes, it can be lower—but there's a floor. It cannot be less than 80% of the regular salary, and it cannot be lower than the local minimum wage. This is explicitly stated in Article 20 of the Labor Contract Law. In other words, if your regular salary is 10,000 yuan, the minimum probation salary must be 8,000 yuan. If the local minimum wage is 2,500 yuan, even if 80% of your regular salary falls below that, your probation salary cannot be lower than 2,500 yuan. Both conditions must be met simultaneously—whichever is higher applies.

• Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China—"The wage of a worker during the probation period shall not be lower than the lowest wage level for the same job in the employer's unit or 80% of the wage agreed upon in the labor contract, and shall not be lower than the minimum wage standard of the employer's location"
• Real case: Xiao Wang joined an internet company with a contracted monthly salary of 12,000 yuan, but received only 6,000 yuan (50%) during probation. He filed for labor arbitration and the company was ordered to pay the 4,800 yuan difference
• What to do: Confirm the probation salary ratio before joining and ensure it's written into the labor contract. If you find the probation salary is below 80% of the regular salary, first communicate with HR. If that fails, file a complaint with the labor inspection department or apply for labor arbitration

Remember: Probation is not "free trial period." Your labor value is protected by law. Any probation salary below 80% is illegal, and you have the right to recover the difference.

Q2: Is It Legal for a Company to Say "We'll Backpay Social Insurance After Probation"?

No, it's illegal. Employers must apply for social insurance registration for employees within 30 days of the employment start date—this is a mandatory provision of Article 58 of the Social Insurance Law. "Backpay after probation" is a typical illegal practice aimed at reducing labor costs. For you, however, the risk is enormous—if you're injured on the job or hospitalized during this period, you bear all medical expenses yourself.

• Legal basis: Article 58 of the Social Insurance Law of the People's Republic of China—"Employers shall, within 30 days from the date of employment, apply for social insurance registration for their employees with the social insurance agency"; Article 60—"Employers shall self-declare and pay social insurance premiums in full and on time, and may not delay or reduce payments except for force majeure or other statutory reasons"
• Real case: Xiao Li joined a startup where HR said social insurance wouldn't be paid during the 3-month probation period but would be backpaid afterward. In the second month, Xiao Li was injured in a traffic accident and spent over 50,000 yuan on medical bills. Without social insurance, he couldn't get reimbursed and paid everything out of pocket. After labor arbitration, the company was ordered to backpay the social insurance and cover Xiao Li's medical expenses
• What to do: Explicitly request that the company pay social insurance on time when you join. If the company refuses, keep chat records, pay stubs, and other evidence, and report to the local social insurance audit department. After a report, the company must not only backpay but may also face fines

Social insurance is your legal right, not a "perk" the company gives you. No matter how the company sugarcoats it, failing to pay social insurance within 30 days of employment is illegal.

Q3: What's the Impact of Social Insurance Being Calculated on the Minimum Base?

Many companies use the local minimum wage as the social insurance contribution base instead of your actual salary. On the surface, you get a few hundred more yuan in take-home pay each month, but in the long run, you lose significantly. The contribution base directly affects your pension, medical insurance reimbursement limits, housing fund balance, maternity benefits, and unemployment insurance—the lower the base, the lower these benefits.

• Legal basis: Article 12 of the Social Insurance Law of the People's Republic of China—"Employers shall pay basic pension insurance premiums at the proportion of their employees' wages as prescribed by the state"; Article 60—"Employers shall self-declare and pay social insurance premiums in full and on time"
• Specific impacts: Pension—lower contribution base means less in your personal account and noticeably lower monthly pension after retirement. Housing fund—contributions calculated on the minimum base may only be a few hundred yuan per month, far less than contributions based on actual salary, directly affecting your mortgage loan limit. Maternity benefits—calculated based on the contribution base; lower base means lower benefits, potentially a difference of tens of thousands of yuan
• Real case: Xiao Zhang's monthly salary was 15,000 yuan, but the company paid social insurance based on the minimum base of 3,500 yuan. At retirement, his monthly pension was about 2,000 yuan less than peers at the same salary level—over 720,000 yuan less over 30 years. The housing fund was short about 1,400 yuan per month, nearly 17,000 yuan per year
• What to do: Check your social insurance contribution base annually through your local social insurance app or mini-program. If you find it doesn't match your actual salary, file a complaint with the social insurance audit department. After the complaint, the company must pay the difference, and your future social insurance benefits will increase accordingly

Having a few hundred more yuan in take-home pay feels nice, but the sting of receiving thousands less per month after retirement hurts more. Paying social insurance based on your actual salary protects your future self.

Q4: Is There Compensation If You're Dismissed During Probation?

It depends on whether the dismissal is lawful or unlawful. If the company can prove you don't meet the employment conditions, it's a lawful dismissal with no economic compensation. But if the company can't provide evidence and dismisses you arbitrarily, it's an unlawful termination of the labor contract, and you can demand compensation. The compensation standard is double the economic compensation (i.e., 2N), where N is your years of service at the company—less than 6 months counts as 0.5.

• Legal basis: Article 39 of the Labor Contract Law—"If a worker is proven not to meet the employment conditions during the probation period, the employer may terminate the labor contract" (no compensation required); Article 48—"If the employer violates the provisions of this Law in terminating the labor contract... the employer shall continue to perform the labor contract if the worker requests it; if the worker does not request continued performance or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87"; Article 87—"If the employer violates the provisions of this Law in terminating the labor contract, it shall pay compensation to the worker at twice the economic compensation standard prescribed in Article 47"
• Real case: Xiao Chen was told "probation unqualified" and dismissed after 2 months at a company, with no performance records or evidence of failing to meet conditions provided. Xiao Chen applied for labor arbitration, and the arbitration committee ruled the termination was unlawful, ordering the company to pay 1 month's salary as compensation (2N, N=0.5)
• What to do: When joining, request that the company clearly define employment conditions and assessment standards in writing. If dismissed, demand a written termination notice and evidence of failing to meet conditions. If the company can't provide evidence, don't sign a "voluntary resignation" agreement—directly apply for labor arbitration to seek compensation

Being dismissed during probation doesn't mean "you deserve to go." The company must prove you don't meet the conditions—otherwise it's unlawful termination, and you're entitled to compensation.

Q5: Can the Company Decide Whether to Pay Year-End Bonuses on a Whim?

Not necessarily. Whether year-end bonuses must be paid depends on whether the labor contract and company regulations have clear provisions. If the contract or regulations clearly specify the conditions, standards, and amount of the year-end bonus, the company must pay according to the agreement and cannot unilaterally cancel it. If there's no agreement, the year-end bonus is a welfare benefit that the company has the discretion to decide.

• Legal basis: Article 18 of the Labor Contract Law—"Where a labor contract is unclear about remuneration and causes a dispute, it can be renegotiated"; Article 4 of the Provisions on the Composition of Total Wages by the National Bureau of Statistics—"Total wages consist of six parts... (2) Bonuses"—year-end bonuses are part of wages and must be paid if stipulated in the contract
• Real case: Xiao Liu's labor contract stated "year-end bonus equals 2 months' salary." At year-end, the company canceled the bonus citing "poor performance." Xiao Liu filed for labor arbitration, and the committee ruled that since the contract explicitly stipulated the bonus, the company must pay it, ordering the company to pay 2 months' salary as the year-end bonus
• What to do: Carefully read the year-end bonus provisions in the labor contract before joining, confirming whether there are clear conditions, amounts, and timing. If the contract stipulates a bonus but the company doesn't pay, keep the contract and salary records and apply for labor arbitration. If the contract doesn't specify, negotiate to include year-end bonus terms during the hiring process

Year-end bonuses aren't the boss's "generosity"—if it's in the contract, they must pay. Negotiating and writing bonus terms into the contract before joining is a hundred times easier than fighting for them afterward.

Q6: How Is Overtime Pay Calculated? Different Standards for Regular Days, Weekends, and Public Holidays

Overtime pay standards are clearly defined by law, not by the company. Regular overtime (extended work hours on workdays) is calculated at 1.5x, rest day overtime (weekends) at 2x, and public holiday overtime at 3x. Moreover, the 3x pay for public holidays is in addition to the regular pay—meaning the holiday itself already includes 1x pay, plus 3x overtime, effectively 4x total. However, many companies substitute "comp time" for overtime pay, which is illegal for public holidays.

• Legal basis: Article 44 of the Labor Law of the People's Republic of China—"For extended work hours, pay no less than 150% of the wage; for work on rest days that cannot be compensated with time off, pay no less than 200% of the wage; for work on statutory holidays, pay no less than 300% of the wage"
• Calculation method: Assuming a monthly salary of 10,000 yuan, the daily wage is approximately 459.8 yuan (10,000÷21.75), and the hourly wage is approximately 57.5 yuan. Regular overtime: 57.5×1.5=86.2 yuan per hour. Weekend overtime: 459.8×2=919.5 yuan per day. Public holiday overtime: 459.8×3=1,379.3 yuan per day
• Real case: Xiao Zhao worked at an e-commerce company and worked overtime for 15 consecutive days during Double 11 (including 4 public holidays). The company only gave a 2,000 yuan "overtime subsidy." Xiao Zhao calculated that the overtime pay he was entitled to exceeded 8,000 yuan, and after labor arbitration, received the difference
• What to do: Record the time, duration, and reason for each overtime session (screenshot clock-in records, save work emails and chat logs). While the burden of proof for overtime disputes lies with the employer, keeping your own evidence makes it easier to defend your rights. Note: For rest day overtime, the company can arrange comp time instead of overtime pay, but for public holiday overtime, 3x pay must be given—comp time is not a legal substitute

Overtime pay is your lawful compensation, not the company's "charity." Know the overtime pay calculation standards—don't let your overtime become unpaid labor.

Q7: Can You Skip Signing a Labor Contract During Probation?

Absolutely not. A written labor contract must be concluded when establishing an employment relationship—this is explicitly required by Article 10 of the Labor Contract Law. There's also a time limit: a written labor contract must be signed within 1 month from the date of employment. If not signed after 1 month, the employer must pay double wages per month. If not signed after 1 year, it's deemed that an open-term labor contract has been established.

• Legal basis: Article 10 of the Labor Contract Law—"A written labor contract shall be concluded when establishing an employment relationship. If a labor relationship has been established but a written labor contract has not been concluded simultaneously, it shall be concluded within one month from the date of employment"; Article 82—"If the employer fails to conclude a written labor contract with the worker more than one month but less than one year from the date of employment, it shall pay the worker double wages per month"
• Real case: Xiao Zhou joined a design company where HR kept delaying the contract signing citing "processing." The contract was finally signed after 3 months. When Xiao Zhou left, he applied for labor arbitration and received double wage compensation for 2 months (the 2nd and 3rd months, an additional 1 month's salary for each)
• What to do: Request a labor contract on your first day of work. If the company delays, keep evidence proving the employment relationship such as the offer letter, attendance records, and salary payment records. If no contract is signed after 1 month, you can claim double wages. Note: Don't sign a blank contract—key information like salary, position, and work location must be filled in completely

Not signing a labor contract is the company's illegal practice, but the double wage penalty is the law's protection for you. You must receive a signed contract within 1 month of joining—otherwise you have the right to claim double wages.

Q8: What Happens to Unused Annual Leave When You Resign?

Unused annual leave cannot simply "expire." According to the Regulations on Paid Annual Leave for Employees, employers should arrange annual leave considering both work needs and employees' wishes. If annual leave cannot be arranged due to work requirements, and the employee agrees, the employer must pay 300% of the daily wage for each day of unused annual leave.

• Legal basis: Article 5 of the Regulations on Paid Annual Leave for Employees—"If the employer truly cannot arrange annual leave due to work needs, and the employee agrees, the employer shall pay the employee 300% of the daily wage income for the unused annual leave days"; Article 12 of the Implementation Measures for Paid Annual Leave—"When the employer terminates the labor contract with the employee, if the employee has not taken all the annual leave due for the current year, the employer shall calculate the unused annual leave days based on the employee's worked time and pay the corresponding wage compensation"
• Calculation method: Assuming a monthly salary of 10,000 yuan, the daily wage is approximately 459.8 yuan. With 5 days of unused annual leave, the compensation should be 459.8×5×300%=6,897 yuan (Note: The 300% includes the 1x regular wage already paid for the workday, so the additional payment is 200%)
• Real case: Xiao Wu had 3 days of unused annual leave when resigning. The company said "annual leave doesn't carry over and automatically expires." Xiao Wu applied for labor arbitration, and the committee ruled that annual leave cannot expire, ordering the company to pay 300% of the daily wage for 3 days of unused annual leave
• What to do: Check your annual leave balance before resigning and prioritize taking it. If you can't take it all, request the company to pay unused annual leave compensation as required by law when you leave. Keep records of your annual leave balance and evidence of unused leave. Note: Company policy clauses stating "annual leave expires" are invalid—any clause that contradicts the law is void

Annual leave is your legal right—if you don't take it, you must be compensated. "Annual leave expires" is an unfair clause that the law doesn't recognize.

Q9: What to Do If the Company Delays Wage Payments?

Wage arrears are one of the most common labor violations and also one of the most heavily penalized by law. If your wages are delayed, you have three avenues for defending your rights: filing a complaint with the labor inspection department, applying for labor arbitration, or requesting a payment order from the people's court. Filing a complaint with the labor inspection department is the fastest route, typically resulting in a resolution within 15 working days. The statute of limitations for labor arbitration is 1 year from the date you knew or should have known your rights were violated.

• Legal basis: Article 50 of the Labor Law—"Wages shall be paid in monetary form to the worker on a monthly basis and may not be deducted or delayed without cause"; Article 85 of the Labor Contract Law—"If the employer fails to pay labor remuneration in full and on time... the labor administrative department shall order payment within a specified period... if payment is not made within the period, the employer shall be ordered to pay additional compensation of 50% to 100% of the owed amount"
• Remedy paths: Step 1—File a complaint with the local labor inspection brigade (call 12333 or visit in person), with results possible in as fast as 15 working days. Step 2—Apply for labor arbitration (at the local labor dispute arbitration committee), free of charge, resolved within 45 days. Step 3—If dissatisfied with the arbitration result, file a lawsuit with the people's court. Note: Labor arbitration is a prerequisite for litigation—you cannot sue directly
• Real case: Xiao Zheng's company delayed wages for 3 consecutive months, totaling 45,000 yuan in arrears. Xiao Zheng first complained to the labor inspection department, and the company was ordered to pay within a deadline but refused. Xiao Zheng then applied for labor arbitration, and the committee ruled the company must pay the 45,000 yuan in owed wages plus 22,500 yuan in additional compensation (calculated at 50%), totaling 67,500 yuan
• What to do: Act immediately when you discover wage arrears—don't wait for "maybe next month." Keep pay stubs, bank statements, attendance records, and other evidence. Complain first, then arbitrate—this is the most efficient approach. If the company appears to be hiding assets or fleeing, you can apply for property preservation. Note: The statute of limitations for labor arbitration is 1 year—exceeding it means losing your right to win the case

Wage arrears aren't "the company is struggling"—they're illegal. The law gives you three avenues for defending your rights. Choose the fastest one and don't let unpaid wages become dead debt.

Summary: Know Your Rights So You Won't Be Taken Advantage Of

Salary traps succeed not because workers aren't smart enough, but because they don't know the law well enough. Probation pay can't be below 80%, social insurance must be paid within 30 days of joining, overtime pay has statutory calculation standards, unused annual leave must be compensated, and wage arrears can incur additional penalties... These aren't "suggestions"—they're legal provisions. You don't need to be a legal expert, but you need to know where these baselines are. When your rights are violated, communicate first, then complain, then arbitrate—the law is on your side. Don't let ignorance become a reason to be manipulated. Every cent of your labor deserves respect and protection.

The first step in job hunting is crafting a great resume. Use BeautyResume resume editor to easily create a professional resume, so your job search starts on the right foot—from salary negotiation onward.