What is the minimum probationary period in Vietnam in 2023? What is the minimum probationary salary?
What is the minimum probationary period in Vietnam in 2023?
Pursuant to Article 25 of the Labor Code 2019, there are regulations on P[robationary period 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 content, there is no regulation on the minimum probation period.
Specifically, based on the nature and level of the job, the probationer and the employer will agree with each other.
However, it is also necessary to ensure that there is only one probationary period for one job and does not exceed the maximum probationary period as follows:
- 180 days for the work of enterprise managers according to the provisions of the Enterprise Law and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;
- 60 days for jobs with professional titles that require professional and technical qualifications from college or higher;
- 30 days for jobs with professional titles that require professional, intermediate technical qualifications, technical workers, and professional staff;
- 06 working days for other jobs.
What is the minimum probationary period in Vietnam in 2023? What is the minimum probationary salary?
What is the minimum probationary salary in Vietnam?
Pursuant to the provisions in Article 26 of the Labor Code 2019 on the salary of employees during the probationary period as follows:
Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Thus, similar to the probationary period, the probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Vietnam: What is the penalty for paying probationary salary at the rate lower than 85% of the offered salary?
Pursuant to the provisions of Article 10 of Decree 12/2022/ND-CP on handling 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.
At the same time, based on the provisions in Clause 1, Article 6 of Decree 12/2022/ND-CP on fine levels as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
Thus, if the employer pays probationary salary at the rate lower than 85% of the offered salary, it will be administratively sanctioned with a fine from 2 million VND to 5 million VND.
Note: A fine of 2 million VND - 5 million VND applies to violators. In case the violator is an organization, the fine will be double the fine for an individual (from 4 million VND to 10 million VND).
In addition, the employer is also required to pay the full salary for that job to the employee.
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