• PRO
  • Events
  • Awards
    • Client Choice New
    • Influencers
    Introducing Instruct Counsel
    The next generation search tool for finding the right lawyer for you.
  • About
  • Blog Popular
  • Login
  • Register
  • PRO
  • Resources
    • Latest updates
    • Q&A
    • In-depth
    • In-house view
    • Practical resources
    • FromCounsel New
    • Commentary
  • Research tools
    • Global research hub
    • Lexy
    • Primary sources
    • Scanner
    • Research reports
    • Instruct Counsel
  • Resources
  • Research tools
  • Who's Who Legal
    • Find an expert
    • Reports
    • Thought Leaders
    • Performance Index
    • Research methodology
  • Who's Who Legal
  • Learn
    • All
    • Masterclasses
    • Videos
  • Learn
  • Awards
  • My newsfeed
  • Events
  • About
  • Blog
  • Popular
  • Compare
  • Topics
  • Interviews
  • Guides

Analytics

Review your content's performance and reach.

  • Analytics dashboard
  • Top articles
  • Top authors
  • Who's reading?

Content Development

Become your target audience’s go-to resource for today’s hottest topics.

  • Trending Topics
  • Discover Content
  • Horizons
  • Ideation

Client Intelligence

Understand your clients’ strategies and the most pressing issues they are facing.

  • Track Sectors
  • Track Clients
  • Mandates
  • Discover Companies
  • Reports Centre

Competitor Intelligence

Keep a step ahead of your key competitors and benchmark against them.

  • Benchmarking
  • Competitor Mandates
Home

Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Register now for your free, tailored, daily legal newsfeed service.

Find out more about Lexology or get in touch by visiting our About page.

Register

APAC: Probationary periods

Herbert Smith Freehills LLP

To view this article you need a PDF viewer such as Adobe Reader. Download Adobe Acrobat Reader

If you can't read this PDF, you can view its text here. Go back to the PDF .

China, Japan, South Korea April 24 2019

APAC: PROBATIONARY PERIODS

Last month, we highlighted the legal obligations on employers considering including a probationary period in contracts of employment in Hong Kong, Thailand and Indonesia. This month, we focus on the position in South Korea, China and Japan.

SOUTH KOREA CHINA

CAN AN EMPLOYER INTRODUCE A PROBATION PERIOD IN CONTRACTS OF EMPLOYMENT?

IS THERE A MAXIMUM PROBATION PERIOD PERMISSIBLE BY LAW?

IS AN EMPLOYER ABLE TO UNILATERALLY EXTEND AN EMPLOYEE'S PROBATION PERIOD?

Yes.

No. but the general principle is that a probationary period will only be effective for a period that is reasonable, and the courts have found that, in general, a period of up to six months may be reasonable.

No. An employer may only extend a probation period where:

the employment agreement expressly provides for extension of the probation period at the employer's discretion; or

the employer obtains the employee's consent to vary that term of the agreement.

Yes, but no probationary period may be set for an employment contract with a term of less than three months, a project based employment contract, or a part time employment contract.

Yes, depending on the term of the employment contract.

The maximum probationary period is:

one month for an employment contract with a term of three months or more but less than one year;

two months for an employment contract with a term of one year or more but less than three years; and

six months for an employment contract with a term of three years or more, or for an indefinite term employment contract.

No. An employer may only extend a probation period where:

the extended period is still within the statutory time limit; and

the employer obtains the employee's consent to vary that term of the agreement before expiration of the original probationary period.

JAPAN

CAN AN EMPLOYER INTRODUCE A PROBATION PERIOD IN CONTRACTS OF EMPLOYMENT?

IS THERE A MAXIMUM PROBATION PERIOD PERMISSIBLE BY LAW?

IS AN EMPLOYER ABLE TO UNILATERALLY EXTEND AN EMPLOYEE'S PROBATION PERIOD?

Yes.

No, but the general principle is that a probationary period will only be effective for a period that is reasonable, and the courts have found that, in general, a period of up to six months may be reasonable.

No. An employer may only extend a probation period where:

the employment agreement expressly provides for extension of the probation period at the employer's discretion; or

the employer obtains the employee's consent to vary that term of the agreement.

If you would like further information on this topic, please contact Fatim Jumabhoy at [email protected]

2

Herbert Smith Freehills LLP - Fatim Jumabhoy

Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Filed under

  • China
  • Japan
  • South Korea
  • Employment & Labor
  • Herbert Smith Freehills LLP

Popular articles from this firm

  1. PRC law does not prohibit third party funding for arbitration, court decisions say *
  2. Competition law developments in the pharma sector - 2022 round-up and what to expect in 2023 *
  3. The IP in AI: Can IP rights protect AI systems? *
  4. Dispute resolution and governing law clauses for China-related commercial contracts *
  5. In brief: foreign bribery laws in China *

If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected].

Powered by Lexology

Related practical resources PRO

  • Checklist Checklist: Identifying, reviewing and updating the terms of an employment contract (UK) Recently updated
  • How-to guide How-to guide: Overview of employment law (UK) Recently updated
  • Checklist Checklist: Drafting a staff handbook (UK) Recently updated
View all

Related research hubs

  • China
  • South Korea
  • Employment & Labor
Back to Top
Resources
  • Daily newsfeed
  • Commentary
  • Q&A
  • Research hubs
  • Learn
  • In-depth
  • Lexy: AI search
  • Scanner
Who's Who Legal
  • Find an expert
  • Reports
  • Thought Leaders
  • Performance Index
  • Research methodology
  • Instruct Counsel
More
  • About us
  • Legal Influencers
  • Firms
  • Blog
  • Events
  • Popular
Legal
  • Terms of use
  • Cookies
  • Disclaimer
  • Privacy policy
Contact
  • Contact
  • RSS feeds
  • Submissions
 
  • Login
  • Register
  • Follow on Twitter
  • Follow on LinkedIn

© Copyright 2006 - 2023 Law Business Research

Law Business Research