Guidelines on Calculating Probation and Official Salary within the Same Month
Translation of Vietnamese Legal Text to English
Question:I have a question regarding the calculation of probationary and official salary within the same month. An employee has a gross salary of VND 30 million, with a probationary salary being 85% of the gross salary. In October, there are 22 working days. Assume that on October 12, 2020, the employee starts signing the official labor contract. How do we calculate the probationary and official salary within the same month?---The document has been translated in the style of a legal conveyance maintaining the formatting and structure, transforming dates to the required format as guided.Gross salary is the total income that an employee receives, including salary, allowances, subsidies, commissions, etc. Employees who receive gross salary monthly must deduct an amount according to regulations to pay social insurance.
Article 28 of the 2012 Labor Code stipulates that the wage of an employee during the probationary period is agreed upon by both parties but must be at least 85% of the wage of that job.
Thus, the probationary wage of the employee in the above case is at least 85% of the official wage. The employee in the month has 7 days of probationary work and 15 days of official work.
- Probationary wage (7 days) = (85% * 30 million)/22*7 = 8,113,000 VND.
- Official wage (15 days) = 21,887,000 VND.
Respectfully!
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