If probationary employees are on the holidays of April 30 and May 1, 2022, will they receive the same salary as full-time employees?
Are probationary employees considered employees?
According to Clause 1 Article 3 of the Labor Code 2019 of Vietnam, “employee” means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.
Thus, a probationary employee is still a person who works for the employer under the agreement, is still paid a salary and is subject to the management, administration and supervision of the employer, so he/she will be considered an employee.
If probationary employees are on the holidays of April 30 and May 1, 2022, will they receive the same salary as full-time employees?
According to the provisions of Article 112 of the Labor Code 2019 of Vietnam on public holidays and Tet as follows:
“Article 112. Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.”
Thus, when a probationary employee takes a holiday on April 30, May 1, 2022, he or she will still receive a normal salary.
What are the regulations on the probationary period?
Pursuant to Article 25 of the Labor Code 2019 of Vietnam on probationary period as follows:
The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. Only one probationary period is allowed for a job and the probation shall not exceed:
- 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;
- 60 days for positions that require a junior college degree or above;
- 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
- 06 working days for other jobs.
If probationary employees are on the holidays of April 30 and May 1, 2022, will they receive the same salary as full-time employees?
What does a probationary contract include?
According to Article 3 of Circular 10/2020/TT-BLDTBXH of Vietnam, the main contents of the probationary contract are mentioned as follows:
- Name and address of the employer, name and position of the authorized person of the employer to enter into the employment contract:
+ Name of the employer: name stated in the certificate of registration of enterprise, cooperatives, cooperatives union or in the certificate of investment registration or approval for investment policies or establishment decision, for an enterprise, organization, cooperatives, cooperatives union; name stated in the cooperation contract, for an artel; name of the household representative or individual stated in the ID card/citizen card/passport, for a household or individual;
+ Address of the employer: address stated in the certificate of registration of enterprise, cooperatives, cooperatives union or in the certificate of investment registration or approval for investment policies or establishment decision, for an enterprise, organization, cooperatives, cooperatives union; address stated in the cooperation contract, for an artel; address of the residence of household or individual, for a household or individual; phone number, email address (if any);
+ Full name, position of the authorized person of the employer to enter into the employment contract: in accordance with clause 3 Article 18 of the Labor Code.
- Full name, date of birth, gender, place of residence, ID card/citizen card/passport of the authorized person of the employer and other details, including:
+ Full name, date of birth, gender, address, phone number, email address (if any), ID card/citizen card/passport of the authorized person of the employer as prescribed in clause 4 Article 18 of the Labor Code;
+ Number of the work permit or certification of exemption from work permit issued by the competent authority to the foreign worker;
+ Full name, address, number of ID card/citizen card/passport, phone number, email address (if any) of the legal representative of a person under 15 years of age.
- Jobs and workplace:
+ Jobs: jobs that the employee has to perform;
+ Workplace: location and scope that the employee will perform the job as agreed; if the employee perform the job on a regular basis in varied locations, specify them.
- Contract duration: contract performance duration (number of months or days), starting date and ending date (for a definite term employment contract); starting date (for an indefinite term employment contract).
- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments:
- Hours of work, hours of rest: as agreed by the contracting parties or as regulated in the labor regulations, as stipulated by the employer, collective bargaining agreement and as per the law.
- Personal protective equipment for the employee: types of personal safety equipment as agreed by the contracting parties, as stipulated by the employer, collective bargaining agreement and as per the law on safety and labor hygiene.
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