Hanoi-Vietnam: What are the legal regulations on probationary period?

Mr. Thanh has been working for over 5 months, but he has neither received a probationary letter nor any notification regarding the probationary period or any form of insurance from the company.

Mr. Thanh has given a question that, for employees in his situation, how long is the probationary period, and are there any preferential policies during this period? If he signs an official employment contract with the company, what policies would he be entitled to?

Regarding this matter, the Vietnam Ministry of Labor, Invalids, and Social Affairs responded to Mr. Le Thanh as follows:

Currently, the probationary period is specified in Articles 26, 27, 28, and 29 of the Labor Code 2012. Employers and employees can agree on probation and the rights and obligations of both parties during the probationary period. If there is an agreement on probation, the parties can enter into a probationary contract. The content of the probationary contract. includes the provisions stipulated in points a, b, c, d, dd, g, and h of Clause 1, Article 23 of the Labor Code.

The probationary period is based on the nature and complexity of the job but can only be one-time for a job and must ensure the following conditions: Not exceeding 60 days for jobs with professional titles requiring a college degree or higher; not exceeding 30 days for jobs with professional titles requiring intermediate vocational, professional secondary levels, technician, or clerical officer; not exceeding 6 working days for other jobs.

The salary paid to employees during the probationary period is agreed upon by both parties but must be at least 85% of the salary for that job.

When the probation meets the requirements, the employer must enter into an employment contract with the employee. The employment contract includes the main contents stipulated in Article 23 of the Labor Code. Mr. Thanh is advised to compare with the aforementioned regulations to implement them accordingly.

According to the Vietnam Ministry of Labor, Invalids, and Social Affairs

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