Where the term of a labor contract is above one year but less than three years, the probation period thereof shall be less than two months.

劳动合同期限一年以上不满三年的，试用期不得超过二个月；

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If only the probation period is stipulated in a labor contract, it shall be untenable and the said period shall be the term of the labor contract.

劳动合同仅约定试用期的，试用期不成立，该期限为劳动合同期限。

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