Can Employees Propose the Probationary Period? Must the Result at the End of the Probationary Period Be Documented in Writing?
Are employees allowed to propose the probationary period?
In case an employee is accepted, can they propose their own probationary period for the job? I am looking forward to receiving a response soon.
Pursuant to Article 25 of the Labor Code 2019, the probationary period is stipulated as follows:
The probationary period is agreed upon by both parties based on the nature and complexity of the job, but only allowed for one probationary period for a job and must ensure the following conditions:
No more than 180 days for the job of the enterprise manager as prescribed by the Enterprise Law, Law on Management, and Use of State Capital Invested in Production and Business in Enterprises;
No more than 60 days for jobs with professional titles requiring technical qualifications from college level or higher;
No more than 30 days for jobs with professional titles requiring intermediate-level technical qualifications, technical workers, or professional staff;
No more than 6 working days for other jobs.
Thus, in principle, the probationary period is agreed upon by both parties based on the nature and complexity of the job. Therefore, you are entirely entitled to propose the probationary period. However, whether the company accepts that period is another matter. In addition, please take note of the probationary period mentioned above to ensure your rights.
Is the result of the probationary period required to be documented?
I have a bachelor's degree in Business Administration, and tomorrow I will finish my probationary period. Is it mandatory for the company to notify the probationary results in writing?
Pursuant to Clause 1 Article 27 of the Labor Code 2019 regarding the end of the probationary period, it is stipulated as follows:
At the end of the probationary period, the employer must notify the employee of the probationary results.
If the probationary period meets the requirements, the employer shall continue to perform the labor contract that was agreed upon in the labor contract, or must conclude a labor contract in the case of a probationary contract.
If the probationary period does not meet the requirements, the labor contract or probationary contract that was concluded will be terminated.
Thus, according to the above regulations, it can be seen that at the end of the probationary period, the employer must notify the employee of the probationary results. However, the law does not require this notification to be in writing, even if the employee holds a degree.
Respectfully!