Is it permissible to extend the probation period or conduct multiple probation periods if the employee does not meet the requirements?

Illustrative image

According to the provisions in the Labor Code 2012, enterprises and employees may agree on probationary work, rights, and obligations of both parties during the probationary period. If there is an agreement on probationary work, the parties may conclude a probationary contract. Specifically, employees working under a seasonal labor contract are not required to undergo probation.

The probation period is based on the nature and complexity of the work but is limited to 01 time for one type of work and must ensure:

- No more than 60 days for positions requiring professional or technical qualifications at college level or higher;- No more than 30 days for positions requiring technical secondary, intermediate vocational qualifications, skilled workers, and officers.- No more than 6 working days for other types of work.

During the probation period, the employee's salary will be agreed upon by both parties but must be at least 85% of the salary for that job. If the probationary work meets the requirements, the employer must conclude a labor contract with the employee.

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

Thus, according to the above regulations, enterprises are only allowed to conduct probation once for an employee and the probation period must not exceed the prescribed time limits. If the employee does not meet the requirements, the enterprise has the right to terminate the probation and not conclude a contract with the employee but cannot extend the probation period, nor can they conduct a second probation.

If an enterprise violates the probation period regulations regarding employees, they may be fined from 2,000,000 VND to 5,000,000 VND. Specifically, Clause 4 Article 6 Decree 95/2013/ND-CP amended and supplemented at Clause 5 Article 1 Decree 88/2015/ND-CP stipulates as follows:

"2. A fine of between 2,000,000 VND and 5,000,000 VND shall be imposed on employers with one of the following violations:

a) Requiring employees to undergo probation more than once for the same job;

b) Extending probationary period longer than the prescribed time;

c) Paying employees during probation less than 85% of the applicable job's salary;

d) Allowing employees to continue working after the probation period ends without concluding a labor contract with them."

Additionally, the enterprise must implement remedial measures such as: Ensuring full payment of 100% of the job’s salary to employees in cases where the enterprise requires more than 01 probation, extends probation beyond the prescribed period, or pays a salary during probation less than 85% of the job’s salary.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE