Are 03 months of probationary period illegal in Vietnam?

Are 03 months of probationary period illegal in Vietnam?

I just got hired at a company, but the company requires me to have a probationary period for 3 months. Is this in accordance with current law?

Reply:

Pursuant to the provisions of Article 25 of the 2019 Labor Code, there are regulations 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:

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, the probationary period depends largely on nature and complexity of the job. Therefore, each job may have a different probationary period. In your case, if your job falls into the case specified in Clause 1 of this Article, the 3-month probationary period is valid, in accordance with the provisions of law in Vietnam.

Are 03 months of probationary period illegal in Vietnam? (Image from the Internet)

If I have been on probation for 1 month and want to terminate probation contract, how many days in advance should I notify the employer in Vietnam?

I signed a probationary contract with the company for 2 months. I've been working for more than a month but feel it's not suitable for the environment here. If I want to terminate probation contract, how many days in advance do I have to give notice?

Reply:

According to Article 27 of the 2019 Labor Code, regulations on termination of probationary period are 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.

Based on the above regulations in Vietnam, during probationary period, the company or the employee can terminate the probation contract (or employment contract) that has been signed without prior notice or compensation. Therefore, your probation contract has a term of 2 months. Now that you have worked for 1 month, you can still terminate contract without notice.

However, in reality, you can also notify the company in advance. As for the number of days of notice, it depends on your situation in Vietnam.

If an employer plan to sign an employment contract with employees for only 3 months, will probation be allowed in Vietnam? 

We plan to recruit personnel with master's degrees. But due to our needs, we only need to sign an employment contract for about 3 to 4 months. So I would like to ask, in this case, can we apply the 15-day probationary period?

Reply:

Clause 3, Article 24 of the 2019 Labor Code stipulates:

3. Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.

Thus, in case of entering into an employment contract with a term of less than 01 month, probation will not be applied. In case your party only wants to sign a 3 or 4 month employment contract, you can completely apply for a probationary period in Vietnam.

In case the job has a professional title that requires professional and technical qualifications from college or higher, the probationary period shall not exceed 60 days. If your party needs to recruit personnel with a master's degree, the 15-day probationary period as you mentioned is in accordance with regulations in Vietnam.

Best regards!