Can the employer extend the probation period of the employee in Vietnam? Is it possible to sign a employment contract without signing a probation contract? May probationary salary be 100% of the offered salary?

Can the employer extend the probation period of the employee in Vietnam?

Can the employer extend the probation period of the employee for the same job in accordance with the law?

Reply: Based on Article 24 of the 2019 Labor Code:

The probation period is agreed upon by both parties based on the nature and complexity of the job but is only allowed to be conducted once for one job and must ensure the following conditions:

1. No more than 180 days for managerial positions in an enterprise as prescribed by the Law on Enterprises, the Law on Management and Use of State Capital Invested in Production and Business in Enterprises;

2. No more than 60 days for positions requiring professional or technical qualifications at the college level or higher;

3. No more than 30 days for positions requiring professional or technical qualifications at the intermediate level, technical workers, or operational staff.

Therefore, extending the probation period beyond the above-defined time frame is a violation, and if violated, the enterprise will be subject to administrative penalties (Clause 2, Article 9 of Decree 28/2020/ND-CP).

Is it possible to sign a employment contract without signing a probation contract in Vietnam?

I would like to ask: In the case where a probation labor contract is not signed with an employee but an official labor contract is directly signed, is this permissible? I look forward to your response.

Reply: According to Article 24 of the 2019 Labor Code, the probation is regulated as follows:

1. The employer and the employee may agree on the probation content stated in the labor contract or agree on the probation by concluding a probation contract.

2. The main content of the probation contract includes the probation period and the contents specified at points a, b, c, dd, g, and h, Clause 1, Article 21 of the Labor Code.

3. Probation does not apply to employees entering into a labor contract with a term of less than 01 month.

=> The current labor law stipulates the probation period as above. There is no mandatory provision requiring the signing of a probation contract with the employee. It is an agreement between the employer and the employee. Therefore, if the employer determines that the employee is qualified and trustworthy to sign an official contract immediately, it is permissible.

Vietnam: May probationary salary be 100% of the offered salary?

Hello, I have recently hired unskilled labor. The salary is 8 million VND/month. I would like to have the employee on probation for 4 days and pay 100% of the salary for this job. Is this permissible? I heard that probation salary is usually 85%.

Reply: Based on Article 26 of the 2019 Labor Code which stipulates probation salary:

The salary of the employee during the probation period is agreed upon by both parties but must be at least 85% of the job salary.

Thus, the law stipulates that the probation salary must be at least 85% of the job salary. As long as it is not below 85%, paying 100% of the job salary during the probation period is completely in line with the regulations and even benefits the employee by providing them with additional funds for living expenses.

Sincerely.