Can employers terminate the concluded probation contract without notice to employees in Vietnam?

Can employers terminate the concluded probation contract without notice to employees in Vietnam?

Article 27 of the Labor Code 2019 provides for 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.

According to current regulations in Vietnam, during the probationary period, the employer has the right to cancel the probationary contract without prior notice. Therefore, in your case, the business owner has the right to terminate without notice.

How long does an employee's probationary period last in Vietnam?

Article 25 of the Labor Code 2019 provides for 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, depending on each specific case in Vietnam, the probationary period of each subject is different.

Best Regards!