Vietnam: Is it mandatory to conclude a probation contract? What are the major contents of a probation contract?
- Is it mandatory to conclude a probation contract? What are the major contents of a probation contract in Vietnam?
- What are the positions for which employers in Vietnam cannot give employees probation for more than 60 days?
- Do employers in Vietnam have the right to terminate a probation contract without prior notice to employees?
Is it mandatory to conclude a probation contract? What are the major contents of a probation contract in Vietnam?
Under Article 24 of the 2019 Labor Code on probation:
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.
At the same time, based on Article 21 of the 2019 Labor Code:
Contents of employment contracts
1. An employment contract shall have the following major contents:
a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance and unemployment insurance;
k) Basic training and advanced training, occupational skill development.
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According to the above regulations, the employer and employee can agree on the probation content stated in the employment contract or agree on probation by concluding a probation contract.
Thus, Vietnamese law does not require the employer and the employee to conclude a probation contract.
However, at their demand, the two parties can agree on probation by concluding a probation contract.
When concluding a probation contract, the contract must contain the following major contents:
- The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
- Probationary period;
- The job and workplace;
- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
- Working hours, rest periods;
- Personal protective equipment for the employee;
DOWNLOAD probation contract sample.
What are the positions for which employers in Vietnam cannot give employees probation for more than 60 days?
The probationary period is specified in Article 25 of the 2019 Labor Code 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.
According to the above regulations, the probationary period is agreed upon by both parties. However, employers are not allowed to give employees a probationary period of more than 60 days for positions that require a junior college degree or above.
Do employers in Vietnam have the right to terminate a probation contract without prior notice to employees?
The right to terminate the probation contract is specified in Clause 2, Article 27 of the 2019 Labor Code 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.
Under the above regulations, employers in Vietnam have the right to terminate probation contracts without prior notice and compensation obligation.
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