Do I have to pay compensation for early termination of the probationary contract in Vietnam?

Do I have to pay compensation for early termination of the probationary contract in Vietnam?

Pursuant to Article 27 of the Labor Code in 2019 stipulating 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.

Therefore, if you sign a 2-month probationary contract and after 1 week you want to terminate the probationary contract early, you do not have to compensate the company.

Do I have to pay compensation for early termination of the probationary contract in Vietnam? - Source: Internet

Do I get paid during the probationary period when the probationary contract is terminated early in Vietnam?

Pursuant to Article 26 of the Labor Code in 2019 stipulating probationary salary as follows:

The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.

Pursuant to Article 95 of the Labor Code in 2019 stipulating salary payment as follows:

1. The employer shall pay the employee on the basis of the agreed salary, productivity and work quality.

2. The salary written in the employment contract and the salary paid in reality shall be VND, unless the employee is a foreigner working in Vietnam.

3. Every time salary is paid, the employer shall provide the employee with a note specifying the salary, overtime pay, nightshift pay and deductions (if any).

Therefore, when you terminate the probationary contract, the company is obliged to pay you the full salary for the days you worked, and the performance bonus according to the agreement in the contract.

When can an employee terminate the employment contract without prior notice in Vietnam?

Pursuant to Clause 2 Article 35 of the Labor Code in 2019 stipulating the right of an employee to unilaterally terminates the employment contract as follows:

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

Above are the cases in which an employee can terminate the employment contract without prior notice to the employer.

Best regards!