During the probation period, Mr. Li broke his right calcaneus when he was working in the company, which was identified as a work-related injury and reached level nine of the disability grade. After Mr. Li went back to work, Company A sent him the Notification of Resuming the Probation Period and informed that his probation period had been suspended due to his work-related injury and shall be resumed. Mr. Li filed a lawsuit against Company A and asked for compensation, because he thought that his probation period already expired and Company A never complained that he could not meet the employment conditions. Therefore, he had already become a formal employee of Company A and should be entitled to the remuneration of a formal employee. The judge held that the reason of compensation for illegal arrangement of a probation period in labor law is to prevent employers from infringing employees’ legitimate rights and interests of being employed and obtaining standard salary, etc. by using the probation period. As the salaries of Mr. Li provided by Company A were almost the same during and after the probation period, and Mr. Li’s relevant rights and interests had not been damaged, the judge dismissed Mr. Li’s request for Company A’s compensation for illegally arranging the probation period.
China