How long is the probationary period for skilled employees in Vietnam?
How long is the probationary period for skilled employees in Vietnam? In Vietnam, is it compulsory to compensate the company when terminating the probationary period?
Hello Lawnet. I was recruited into the position of a skilled employee of an insurance company. I would like to know how long is the probationary period for this position? Thank you!
How long is the probationary period for skilled employees in Vietnam?
As prescribed in Article 25 of the Labour Code in 2019, 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.
As regulations above, the probationary period for skilled employees is 30 days. It also depends on the agreement between you and your employer based on the nature and complexity of the work.
In Vietnam, is it compulsory to compensate the company when terminating the probationary period?
Pursuant to Article 27 of the Labour Code in 2019 stipulating 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.
As regulations above, if you terminate your probationary period, you don't have to compensate to the company.
Best regards!