Is it mandatory to sign a probation contract in Vietnam? How many months does it take to sign a contract with a probationer who does not have a university degree in Vietnam?

Is it mandatory to sign a probation contract in Vietnam?

My company wants to sign an employment contract with new employees without going through probation, is that possible? Or do I have to go through probation first? If so, what should we do to comply with the law?

Reply:

According to the provisions of Clause 1, Article 24 of the 2019 Labor Code, an employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

Thus, entering into a probationary contract is an agreement between the employer and the employee. Therefore, the law does not require you to sign a probation contract. Therefore, if your company wants to accept employees, there is no need for probation but you can sign an official contract.

In case, if the company and the employee agree to sign a probation contract, they must comply with employment law, including: (Articles 25, 26, 27 of the 2019 Labor Code)

Article 25. Probationary period

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.

Article 26. Probationary salary

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

Article 27. Termination of probationary period

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.

Is it mandatory to sign a probation contract in Vietnam? How many months does it take to sign a contract with a probationer who does not have a university degree in Vietnam? (Image from the Internet)

How many months does it take to sign a contract with a probationer who does not have a university degree in Vietnam?

In case of signing a probationary contract for a company's IT position. But if that person does not have a university degree and only has a certificate of completion of courses, how many months will he sign a probation contract?

Reply:

In Article 25 of the 2019 Labor Code, there are regulations on probationary periods as follows:

Article 25. Probationary period

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.

Thus, according to the above regulations in Vietnam, if your unit's IT position requires a university degree. But if this person only has a certificate of completion of courses or only has a transcript without a university degree, he or she will still sign a probation contract with a probationary period of no more than 60 days. Besides, it depends on the agreement of both parties to determine the probationary period.

Can 17-year-old persons sign an employment contract on their own in Vietnam?

This year I'm 17 years old and just dropped out of high school. I plan to work as a worker at a local factory. Can I sign an employment contract myself?

Reply:

Pursuant to Clause 4, Article 18 of the 2019 Labor Code, there are regulations on competence to conclude employment contracts as follows:

4. The person who concludes the employment contract on the employee’s side shall be:

a) The employee himself/herself if he/she is 18 or older;

b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;

c) The employee aged under 15 and his/her legal representative;

d) The employee lawfully authorized by the group of employees to conclude the employment contract.

Thus, according to the above regulations in Vietnam, 17-year-olds have right to sign an employment contract themselves. However, you need to have the consent of your father, mother or other legal representative (if any) when signing an employment contract. This consent must be made in writing.

Best regards!