From 2021, can probationary period in Vietnam be last for 180 days?

From 2021, can probationary period in Vietnam be last for 180 days?

I wonder if probationary period in Vietnam can be last for 180 days from 2021. What are regulations on this issue? Is it applied to all sectors?

Answer:

Pursuant to Article 25 of the Labor Code in 2015 (takes effect from 01/01/2021) stipulating probationary period in Vietnam 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:

- 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;

- 60 days for positions that require a junior college degree or above;

- 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

- 06 working days for other jobs.

As regulations above, from 2021, probationary period in Vietnam can be last for 180 days. This regulation applies to the work of enterprise managers in accordance with the Law on Enterprises, the Law on Management and Use of State Capital Invested in Production and Business at Rnterprises. This is a new point compared to the previous Labor Code 2012.

Can employees who are on probation be entitled to fully paid days off on public holidays in Vietnam?

From 2021, can employees who are on probation be entitled to fully paid days off on public holidays in Vietnam?

Answer:

Pursuant to Clause 1 Article 3 of the Labor Code in 2015 (takes effect from 01/01/2021) stipulating as follows:

Employee means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.

Pursuant to Article 112 of the Labor Code in 2015 (takes effect from 01/01/2021), employees shall be entitled to fully paid days off on the following public holidays:

- Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);

- Lunar New Year Holidays: 05 days;

- Victory Day: 01 day (the 30th of April of the Gregorian calendar);

- International Labor Day: 01 day (the 1st of May of the Gregorian calendar);

- National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);

- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).

In addition, foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.

As regulations above, employees who are on probation can also be entitled to fully paid days off on public holidays in Vietnam

Is it permissible to integrate terms on probation in employment contracts in Vietnam?

Currently, is it permissible to integrate terms on probation in employment contracts in Vietnam? Thank you!!

Answer:

Pursuant to Clause 1 Article 27 of the Labor Code in 2015 (takes effect from 01/01/2021) stipulating as follows:

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.

As regulations above, the involved parties can integrate terms on probation in employment contracts in Vietnam.

Best regards!!