Vietnam: Can an employee enter into two probationary contracts for two different positions with the same employer?
- Vietnam: Can an employee enter into two probationary contracts for two different positions with the same employer?
- Are employers in Vietnam required to inform employees of their probation results?
- How much is the fine imposed upon employers in Vietnam for failing to inform employees of their probation results?
Vietnam: Can an employee enter into two probationary contracts for two different positions with the same employer?
In Clause 1, Article 24 of the Labor Code 2019, there are regulations on probation 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.
2. The probation contract must include the probation period and the contents specified in Points a, b, c, dd, g and h Clause 1 Article 21 of this Code.
3. Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.
In addition, Article 25 of the Labor Code 2019 has regulations on probationary periods as follows:
Probationary period
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:
1. 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;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
4. 06 working days for other jobs.
Thus, according to the above regulations, The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. 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.
Besides, the law does not prohibit multiple probationary periods with different jobs at the same enterprise. That means, the employer and employee can enter into probationary contracts twice for two different jobs.
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary. (Article 26 of the Labor Code 2019).
Can an employee enter into two probationary contracts for two different positions with the same employer?
Are employers in Vietnam required to inform employees of their probation results?
According to the provisions of Article 27 of the Labor Code 2019, the provisions on the end of the probationary period are as follows:
Termination of probationary period
1. Upon the expiry of the probationary period, the employer shall inform the employee of the probation result.
If the result is satisfactory, the employer shall keep implementing the concluded employment contract, if there is one, or conclude the employment contract.
If the result is not satisfactory, the employer may terminate the concluded employment contract or the probation contract.
2. During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.
Thus, according to the above regulations, at the end of the probationary period, the enterprise must notify the probationary employee of the results.
How much is the fine imposed upon employers in Vietnam for failing to inform employees of their probation results?
According to the provisions of Clause 1, Article 10 of Decree 12/2022/ND-CP on violations of regulations on probation as follows:
Violations against regulations on probation
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Requesting employees who work under employment contracts with a term of less than 01 month to undergo probation;
b) Failing to inform employees of their probation results as prescribed.
2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Requesting an employee to undergo more than 01 probationary period for a job;
b) Having employees take probation for a period longer than prescribed;
c) Paying probationary salary at the rate lower than 85% of the offered salary;
d) Failing to conclude the employment contract with the employee whose probation result is satisfactory in case a probation contract has been concluded.
3. Remedial measures
a) The employer that commits the violation specified in Point a Clause 1 or Point a, b or c Clause 2 of this Article is compelled to pay full salary to affected employees;
b) The employer that commits the violation specified in Point d Clause 2 of this Article is compelled to conclude employment contracts with affected employees.
Thus, if the employer does not notify the employee of the probationary results, they will be fined from 500,000 VND to 1,000,000 VND.
* Note: The fine level specified above is the fine level for individuals, the fine level for organizations is equal to 2 times the fine level for individuals.
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