Is It Lawful to Terminate a Probationary Contract Without Prior Notice?

Jurist Sa Thi My Hanh, YouMe Law Firm responds:

Clause 1 Article 26 2012 Labor Code stipulates:

Employers and employees may agree on trial work, rights, and obligations of the two parties during the probationary period. If there is an agreement on trial work, the parties can sign a probationary contract.

At the same time, Article 28 of the 2012 Labor Code stipulates the salary during the probationary period as follows:

The salary of an employee during the probationary period shall be agreed upon by both parties, but must be at least 85% of the salary for that job.

The end of the probationary period is stipulated in Article 29 of the 2012 Labor Code as follows:

1. When the trial work meets the requirements, the employer must enter into a labor contract with the employee.

2. During the probationary period, each party has the right to cancel the probationary agreement without prior notice and without compensation if the trial work does not meet the agreed requirements.

In the case of unilateral termination of contract execution, Clause 3 Article 428 of the 2015 Civil Code stipulates:

When the contract is unilaterally terminated, the contract terminates from the time the other party receives the notice of termination. The parties are not required to continue performing obligations, except for agreements on penalties for violations, compensation for damages, and agreements on dispute resolution. The party that has performed obligations has the right to request the other party to pay for the obligations already performed.

Thus, during the probationary period, the company's unilateral termination of the probationary contract without prior notice to you is not contrary to legal provisions.

You still have the right to request the company to pay the probationary salary for the days you have worked.

According to Lao Dong Newspaper

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