How is Probationary Salary Regulated by Law?

19:25, 11/07/2024

According to Article 27 of the Labor Code, the probationary period is regulated as follows: The probationary period depends on the nature and complexity of the job but only allows for one probation period for a particular job and must ensure the following conditions:

Not exceeding 60 days for jobs with occupational titles requiring professional and technical qualifications from college level or higher.
Not exceeding 30 days for jobs with occupational titles requiring intermediate vocational, professional secondary, technical worker, or operational staff qualifications.
Not exceeding 6 working days for other jobs.

According to Article 28 of the Labor Code 2012, the salary of employees during the probationary period is mutually agreed upon by both parties but must be at least 85% of the salary for that job.

Regarding salary, according to Clause 1, Article 90 of the Labor Code 2012, the salary of employees must not be lower than the minimum wage stipulated by the Government of Vietnam. According to Article 3 of Decree 122/2015/ND-CP, which stipulates the regional minimum wage for employees working in enterprises, cooperatives, cooperative unions, cooperatives, households, individuals, and agencies or organizations that employ labor under labor contracts, the regional minimum wage applicable to enterprises is as follows:

a) 3,500,000 VND/month, applicable to enterprises operating in Region I.b) 3,100,000 VND/month, applicable to enterprises operating in Region II.c) 2,700,000 VND/month, applicable to enterprises operating in Region III.d) 2,400,000 VND/month, applicable to enterprises operating in Region IV.

Thus, the company's application of a probationary period of 4 months and paying only one million VND per month does not comply with legal regulations.

According to Point b, Point c, Clause 2, Article 6 of Decree 95/2013/ND-CP, which stipulates penalties for administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts (amended and supplemented by Decree 88/2015/ND-CP), employers who commit any acts of probation exceeding the prescribed time; paying employees during the probationary period less than 85% of the salary for that job will be fined from 2,000,000 VND to 5,000,000 VND.

Lawyer Kieu Anh Vu

Le Nguyen Law Office

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