Can employees in probationary period sign employment contracts in Vietnam?
Can employees in probationary period sign labor contracts in Vietnam? What are regulations on contents of employment contracts in Vietnam?
Hi, I was recruited as an employee of a company, before the interview, the HR said that it was a two-month probationary period. However, when I accepted the job, the company did not sign a probationary contract but signed a labor contract with me. Is that legal?
1. Can employees in probationary period sign employment contracts in Vietnam?
Pursuant to Article 24 of the 2019 Labor Code, there are provisions on 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.
In addition, in Article 13 of the Labor Code 2019 there are provisions on employment contracts as follows:
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.
Thus, according to the above provisions, it is legal for the company sign a labor contract instead of a probationary contract. Because the law allows signing a labor contract when on probation in Vietnam.
2. What are regulations on contents of employment contracts in Vietnam?
Article 21 of the Labor Code 2019 provides for contents of employment contracts as follows:
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.
2. If the employees’ job is directly related to the business secret, technological know-how as prescribed by law, the employer has the rights to sign a written agreement with the employee on the content and duration of the protection of the business secret, technology know-how, and on the benefit and the compensation obligation in case of violation by the employee.
3. If the employee works in agriculture, forestry, fishery, or salt production, both parties may exclude some of the aforementioned contents and negotiate additional agreements on settlement in the case when the contract execution is affected by natural disaster, fire or weather.
4. The contents of the employment contract with an employee who is recruited to work as the director of a state-invested enterprise shall be stipulated by the Government.
5. The Minister of Labor, War Invalids and Social Affairs elaborate Clauses 1, 2 and 3 of this Article.
According to this Article, the content of the employment contract will be implemented in accordance with the above provisions in Vietnam.
Best Regards!
