1. Is there a limit on the length of a probationary period?

There is no restriction on the length of a probationary period under statues or common law. The period usually ranges from 1 month to 6 months, but there have been cases with shorter or longer period.

An example is the case Lai Foon Yung v Tin Sum Valley Public Primary School, where a probationary period of two years was prescribed in the employment contract which lasts for one school year (ten months). The High Court held that the contract was one for one year the whole of which was to be probationary.

Hence, there is technically no restriction on the length of probationary period that can be included in the contract of employment.