• Login
  • Register
  • PRO
    • PRO Compliance plan
    • PRO Compliance
    • PRO subscription plans
    • Curated articles
    • In-depth
    • Market intelligence
    • Practice guides
    • PRO Reports New
    • Lexology GTDT
    • Ask Lexy
  • PRO
  • Latest
  • GTDT
  • Research
  • Learn
  • Experts
  • Store
  • Blog
  • Events
  • Popular
  • Influencers
  • About
  • Explore
  • Legal Research
  • Primary SourcesBeta
  • PRO Compliance

Introducing PRO Compliance
The essential resource for in-house professionals

  • Compare
  • Topics
  • Interviews
  • Guides
Getting The Deal Through joins Lexology
GTDT and Lexology Navigator have merged

CONTENT DEVELOPMENT

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

  • Trending Topics New
  • Discover Content
  • Horizons Beta
  • Ideation

CLIENT INTELLIGENCE

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

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

COMPETITOR INTELLIGENCE

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

  • Benchmarking
  • Competitor Mandates New

Lexology PRO

Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. 

PRO Compliance plan
PRO subscription plans

Premium content

  • Curated articles
  • In-depth
  • Market intelligence
  • Practice guides
  • PRO Reports New

Analysis tools

  • Lexology GTDT
  • Ask Lexy
Explore all PRO content PRO Compliance
  • Find experts
  • About
  • Firms
Introducing Instruct Counsel
The next generation search tool for finding the right lawyer for you.
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.

Questions? Please contact [email protected]

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. China cybersecurity and data protection: Review of 2020 and outlook for 2021 *
  2. “New Infrastructures”: China’s Massive Stimulus Measures after COVID-19 Outbreak - Part 4: Industrial Internet *
  3. Single use plastics in China: an evolving landscape for downstream participants *
  4. China cybersecurity and data protection: monthly update - Feb 2021 issue *
  5. 中国网络安全与数据保护:你不得不知的中国“GDPR” *

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

Powered by Lexology
loading...

Related research hubs

  • Japan
  • South Korea
  • Employment & Labor
Renee J Phillips
Privacy Manager, Global Privacy Centre
General Motors
What our clients say

"This is a very good resource and I appreciate receiving it everyday. Each newsletter has a great deal of content and the daily feed allows you to 'pace' yourself. The content is relevant to the areas that I address and the articles are written by counsel who are very experienced in these areas and can communicate in a meaningful and effective way."

Back to Top
  • Terms of use
  • Cookies
  • Disclaimer
  • Privacy policy
  • GDPR compliance
  • RSS feeds
  • Contact
  • Submissions
  • About
  • Login
  • Register
  • Follow on Twitter
  • Search
Law Business Research

© Copyright 2006 - 2021 Law Business Research