Enterprises that require employees in Vietnam to try a job twice or more for a job will be fined up to 10,000,000 VND?
How long does an employee have to work in order to sign a labor contract?
Pursuant to Article 25 of the Labor Code 2019 stipulates as follows:
“Article 25. Probation period
The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring the following conditions:
1. No more than 180 days for an enterprise manager's work in accordance with the Law on Enterprises, the Law on Management and Use of State Capital invested in production and business in enterprises;
2. No more than 60 days for jobs with professional titles requiring professional or technical qualifications from college or higher;
3. No more than 30 days for jobs with professional titles requiring intermediate professional qualifications, technical workers, and professional staff;
4. No more than 06 working days for other jobs.”
Accordingly, the probationary period will be no more than 180 days, not more than 60 days, not more than 30 days and not more than 06 working days. Based on the working position, job requirements, expertise, qualifications and techniques to apply the probationary period as prescribed above.
Enterprises that require employees in Vietnam to try a job twice or more for a job will be fined up to 10,000,000 VND?
How will the employee be paid during probationary period?
Pursuant to Article 26 of the Labor Code 2019 stipulates as follows:
“Article 26. Probationary salary
The employee's salary during the probationary period shall be agreed upon by the two parties but must be at least 85% of the salary of that job.
Accordingly, the probationary salary will be 85% of the salary of the job for which the employee is on probation. Thus, it is necessary to determine the specific salary of the job to determine the salary of the employee when on probation.
Is it okay to ask employees in Vietnam to try a second job for the same job?
Pursuant to Article 10 of Decree 12/2022/ND-CP stipulating as follows:
“Article 10. Violations against regulations on probation
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on the employer who commits one of the following acts:
a) Request a probationary period for employees working under labor contracts with a term of less than 1 month;
b) Failing to notify the employee of probation results as prescribed.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on the employer who commits one of the following acts:
a) Require the employee to try the job more than once for a job;
b) Probationary work beyond the prescribed time;
c) Pay the employee during the probationary period less than 85% of the salary for that job;
d) Failing to enter into a labor contract with the employee when the probationary period is satisfactory, if the two parties have entered into a probationary contract.
3. Remedial measures
a) Forcing the employer to fully pay the salary for that job to the employee when committing violations specified at Point a, Clause 1, Points a, b, c, Clause 2 of this Article;
b) Forcing the employer to enter into a labor contract with the employee when committing violations specified at Point d, Clause 2 of this Article.”
Accordingly, the act of requiring employees in Vietnam to try a job more than once for a job will be subject to an administrative fine of between VND 2 million and VND 5 million. Because this behavior is administratively sanctioned, the employer will not be required to ask the employee for a second probationary period for the same job.
Violations against the regulations on probation will be subject to administrative sanctions according to the above provisions. In addition to administrative sanctions, the employer must also take remedial measures according to the above provisions.
Note: The above administrative sanction only applies to individuals committing administrative violations. In case the organization commits an administrative violation, the administrative sanction will be twice as much as that of the individual violating it.
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