Cancellation of a Probationary Agreement: Is it Paid?

Lawyer Nguyen Van Tuan - Lawyer - TGS LAW Law Office stated:

Regarding the termination of the probationary agreement, Clause 2 of Article 29 of the Labor Code 2012 stipulates as follows:

“Article 29. Conclusion of the probation period

During the probation period, either party has the right to cancel the probationary agreement without prior notice and without compensation if the probation job does not meet the agreed requirements.”

Therefore, in this case, the company where you are on probation has the right to terminate the probationary agreement if the job you perform does not meet the agreed requirements.

Regarding the issue of salary, Article 28 of the 2012 Labor Code stipulates:

“Article 28. Salary during probation period

The salary of an employee during the probation period is agreed upon by both parties but must be at least 85% of the salary of that job.”

With the above stipulation, although the company where you are on probation has terminated the probationary agreement, they still have to pay your salary for the probation period in full. The salary during the probation period must not be less than 85% of the salary for your receptionist job.

Thus, the company's failure to pay you the probationary salary in this situation is a violation of labor law. They may be fined from 2,000,000 VND to 5,000,000 VND according to Clause 5, Article 1 of Decree 88/2015/ND-CP amending and supplementing Decree 95/2013/ND-CP on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

According to Electronic Law Newspaper of Vietnam

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