What is the probation period for human resources employees in enterprises in Vietnam?

What is the probation period for human resources employees in enterprises in Vietnam?

Pursuant to Article 25 of the Labor Code in 2019 stipulating 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:

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.

Pursuant to Clause 24 Article 4 of the Law on Enterprises in 2020 stipulating as follows:

Executive of an enterprise means the owner of a sole proprietorship, a general partner of a partnership, chairperson or member of the Member/Partner Assembly, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position prescribed in the company’s charter.

According to the current regulations, if the company charter stipulates that the human resources employee is an individual holding a managerial position in the company, the probationary period for that person shall not exceed 180 days.

What is the probation period for human resources employees in enterprises in Vietnam? - Source: Internet

Is it mandatory to have a separate probationary contract in Vietnam?

Pursuant to Article 24 of the Labor Code in 2019 stipulating probation as follows:

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.

Therefore, the law does not require a contract to be concluded when probation is in progress. The employee and the employer may include the probationary content in the employment contract.

Does the employer have to notify the employee of the results of the probationary period in Vietnam?

Pursuant to Article 27 of the Labor Code in 2019 stipulating termination of probationary period as follows:

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.

As regulations above, upon the expiry of the probationary period, the employer shall inform the employee of the probation result.

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