Is it legal to sign a probation contract if the employee works under an employment contract with a duration of less than 01 month? What is the maximum probationary period in Vietnam?
Is it legal to sign a probation contract if the employee works under an employment contract with a duration of less than 01 month?
Pursuant to Clauses 1 and 3, Article 24 of the 2019 Labor Code of Vietnam, the probationary period is as follows:
Probation
1. An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.
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3. Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.
Thus, according to the above provisions, the probationary period is the content agreed upon by the two parties. However, probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.
Is it legal to sign a probation contract if the employee works under an employment contract with a duration of less than 01 month? What is the maximum probationary period in Vietnam? (Image from the Internet)
What is the maximum probationary period in Vietnam?
Pursuant to Article 25 of the 2019 Labor Code of Vietnam on the 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.
How is the probationary salary regulated?
Pursuant to Article 26 of the 2019 Labor Code of Vietnam on the probationary salary as follows:
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
What are the contents of the probation contract in Vietnam?
Pursuant to Clause 2, Article 24 of the 2019 Labor Code of Vietnam and Article 3 of Circular No. 10/2020/TT-BLDTBXH, the main contents of the probation contract in Vietnam include:
- 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 2019 Labor Code of Vietnam;
+ 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.
- 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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