Can probationers be paid social insurance by their employers in Vietnam?

Can probationers be paid social insurance by their employers in Vietnam?

My company has signed an employment contract with a friend. The two parties agreed in the contract to have a 2-month probationary period and the company would pay social insurance for this person. I wonder if our company is allowed to pay social insurance since this person is on probation?

Reply:

Article 24 of the 2019 Labor Code stipulates 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.

And in Section 3 of Official Dispatch 2447/LDTBXH-BHXH of 2011, there are instructions: If an employee has his/her probationary period stated in an employment contract which is subject to compulsory social insurance, the employer and such employee must make contributions to the compulsory social insurance for the probationary period. In this case, the amount of salary/wage stated in the employment contract shall be the amount of salary/wage as the basis for social insurance contribution in the probationary period.

According to the above regulations in Vietnam, the two parties can agree on the probationary content in the employment contract. If there is a probationary agreement in the employment contract and that employment contract is subject to compulsory social insurance participation, the company will have to pay social insurance for the employee for the entire probationary period.

Can probationers be paid social insurance by their employers in Vietnam? (Image from the Internet)

Are probationers considered employees in Vietnam?

Probationers only sign a probationary contract, not an employment contract with the company. So are they considered workers or not?

Reply:

Clause 1, Article 3 of the 2019 Labor Code regulates employees as follows:

1. “employee” means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.

The legal working age is 15, except for the cases specified in Section 1 Chapter XI of this Labor Code.

According to Article 24 of the 2019 Labor Code, regulations on probation are 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.

Specifically:

+ Name and address of the employer and full name and title of the person concluding the employment contract on the employer's side;

+ Full name, date of birth, gender, place of residence, Citizen Identification Card number, or passport of the person entering into the employment contract on the employee's side;

+ Work and work location;

+ Salary according to job or title, salary payment method, salary payment period, salary allowances and other additional payments;

+ Working time, rest time;

+ Labor protection equipment for workers.

It can be seen that a probationary employee is a person who works for the employer according to an agreement, is paid a salary and is subject to the management and supervision of the employer.

Thus, probationers are also identified as employees in Vietnam.

Is probationary period for a business manager 2 months in Vietnam?

Let me ask: According to current regulations in Vietnam, is probationary period for a business manager 2 months in Vietnam?

Reply:

Article 25 of the 2019 Labor Code stipulates 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.

According to this Article, the law stipulates a maximum limit on the number of probationary days: Specifically, business managers are not allowed to probation for more than 180 days (ie 03 months) in Vietnam.

Therefore, this job position can completely negotiate a 2-month probationary period in Vietnam.

Best regards!