Recently, several companies in Shenyang City, Liaoning Province have explicitly stated during their recruitment process that applicants must undergo unpaid job trials, a request deemed illegal by some lawyers. This news made it to the top trending topics on Baidu on March 27, sparking discussions online.
According to Jinmu News on March 26, many Chinese netizens have recently revealed on social media that some companies in Shenyang require job applicants to undergo unpaid job trials during the recruitment process. Reporters from Jinmu News consulted several companies in Shenyang through job search apps on March 26, and found that some companies have job trials ranging from 1 to 7 days without payment. For example, a recruitment officer from an educational institution recruiting lecture instructors mentioned that the position requires a 7-day job trial with no payment, and successful completion of the trial would lead to formal training. A service company recruiting safety inspectors also demanded 1 to 3 days of unpaid job trials.
Wang Qian (pseudonym), who has interviewed for positions such as new media operators, short video directors, and e-commerce operation assistants, told Jinmu News that these positions all require job trials lasting mostly between 3 to 7 days, and if the trial is not successful, no compensation is provided. Another job seeker, Xiao Jia (pseudonym), disclosed, “The job trial is just for them to see if you are suitable, if not, they will let you go without paying any salary or compensation.”
In response to this, senior partner Zhao Liangshan from the Hengda Law Firm in Shaanxi told the media that there is no concept of “job trial period” in the law, only the notion of a “probation period.” Therefore, companies setting their own “job trial periods” without them being included in the labor contract constitutes illegal practice. Furthermore, unpaid job trials are also illegal, and if a company requires the signing of a “job trial agreement” with clauses about no pay, the agreement would be invalid due to violating legal mandatory provisions.
Zhao Liangshan believes that the setting of unpaid job trials itself is illegal, and workers have the right to demand companies to pay compensation according to formal employment standards and sign contracts. If the rights of workers are violated, they can file complaints to the labor inspection department or apply for labor arbitration.
This news has resonated with a wide range of netizens and sparked discussions. On Sina Weibo, over 1,500 netizens participated in the debate.
A netizen from Shenyang, Liaoning, “I am Liu Xiaosi” stated, “The term ‘some’ might not be accurate, ‘ninety percent’ may be more precise.”
“Iyan Iyan Iyer” said, “This is also happening in Jinzhou.”
A netizen from Chongqing, “Vulgar pedestrian” revealed, “Chongqing is the same, check it out.”
“Pszhang Yuan” commented, “Coincidentally, this also happens in Nanchang.”
“Hollow City, Old Dream, Autumn Chill” believes, “Shenyang may not be accurate, ‘nationwide’ would be more precise.”
A netizen from Shenyang, Liaoning, “Yang XiaoyangYa” said, “Well, this is really common, there’s nothing we can do, over 90% have probation periods. Usually, it’s 3 or 7 days, no salary during the probation period, but these days are counted towards the salary once the probation period is over. And not getting paid for overtime is even more common. Please take action on this issue quickly.”