Probationary periods are commonly used across Asia to assess a new employee’s suitability for a role. However, the rules vary between jurisdictions, including whether probation is permitted, how long it may last and whether it can be extended. This article compares the position in Singapore, Hong Kong, Indonesia, Thailand and Mainland China.
| Questions | Singapore | Hong Kong | Indonesia | Thailand | Mainland China |
| Can employees be subject to a probationary period? | Yes. It is common for employment contracts to provide for a probationary period. | Yes. It is common for employment contracts to provide for a probationary period. | Yes, but only permanent employees may be placed on probation. A probationary provision in a fixed-term employment contract is void. | Yes. It is common for employment contracts to provide for a probationary period. | Yes, subject to restrictions based on the type and duration of the employment contract. An employee may only be placed on probation once by the same employer. Probation is not permitted for contracts lasting less than three months or for part-time employment. |
| Is there a maximum duration for a probationary period? | There is no statutory maximum. Probation commonly lasts between one and three months for lower-level employees and between three and six months for more senior employees. | There is no statutory maximum. Probation commonly lasts between four weeks and six months, depending on seniority. | Yes. The maximum probationary period is three months. | There is no statutory maximum specific to probation. However, employers commonly set probation below 120 days because employees with less than 120 days’ service are not entitled to statutory severance pay. | Yes. The maximum is: - one month for a contract lasting at least three months but less than one year; - two months for a contract lasting at least one year but less than three years; and - six months for a contract lasting at least three years or for an indefinite-term contract. |
| Can a probationary period be extended? | There is no specific statutory restriction on extension. Any extension should be permitted by the employment contract and communicated before the original period expires. | There is no specific statutory restriction on extension. Any extension should be consistent with the employment contract and agreed or notified before the original period expires. | Yes, provided that the total probationary period does not exceed the statutory maximum of three months. | There is no specific statutory restriction on extension. Any extension should be permitted by the employment contract, communicated to and agreed with the employee before the original period expires. Employers should also consider whether the extension will take the employee beyond the 120-day threshold for statutory severance pay. | Generally, probation may only be extended if the total period remains within the applicable statutory maximum and the employee agrees before the original period expires. An employee cannot be subjected to a second probationary period by the same employer. |
Key contacts
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Harris Toengkagie
Partner (Hiswara Bunjamin & Tandjung), Jakarta
Nonnabhat (Niab) Paiboon
Partner, Bangkok
Rachael Shek
Partner, Hong Kong
Gillian Miao
Counsel, Herbert Smith Freehills Kramer Kewei Joint Operation, Mainland China and Shanghai
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