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3.In relation to the Labour Contract Law of China:
(a) explain the circumstances in which a labour contract is not allowed to incorporate a provision of probation.
(b) explain the relevant restrictions on the PERIOD of probation in a labour contract.
答案:This question requires candidates to explain the relevant restrictions on the period of probation in a labour contract, and state the special matters in relation to the probation under the Labour Contract Law.
(a) In accordance with Article 19 of the Labour Contract Law, where a labour contract stipulates a term of less than three months,it is not allowed to contain a provision of probation. Where a labour contract is one that will expire upon the completion of certain designated work, it is not allowed to contain any provision with respect to probation.
(b) In accordance with Article 19 of the Labour Contract Law, if a labour contract contains the term of probation, it shall comply with the following conditions:
(i) Where the term of a labour contract is not less than three months but less than one year, the probation period may not exceed one month.
(ii) Where the term of a labour contract is more than one year and less than three years, the probation period may not exceed two months.
(iii) Where the term of a labour contract is more than three years or non-fixed, the probation period may not exceed six months.
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