Is probation allowed if the employee works under an employment contract with a duration of less than 01 month in Vietnam?

Is probation allowed if the employee works under an employment contract with a duration of less than 01 month in Vietnam?

Is probation allowed if the employee works under an employment contract with a duration of less than 01 month in Vietnam?

Answer:

Pursuant to Clause 3 Article 24 of the Labor Code in 2019 stipulating as follows:

Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.

Therefore, for fixed-term contracts of less than 1 month, employees are not required to undergo a probationary period.

According to Clause 3, Article 26 of the Labor Code in 2012, employees under seasonal contracts are exempt from the probationary period. However, under the new law, this type of contract is no longer allowed.

Is probation allowed if the employee works under an employment contract with a duration of less than 01 month in Vietnam? - Image from Internet

What contract can be signed instead of seasonal contract in Vietnam?

Currently, my company has entered into seasonal contracts with 20 employees. From next year, this type of contract will no longer be used. What type of contract should my company sign to replace the seasonal contract in order to avoid legal obligations and constraints regarding above employees?

Answer:

From January 1, 2021, the Labor Code in 2019 officially came into effect. According to the new law, there are only two types of labor contracts:

- Indefinite-term labor contracts, in which the parties do not specify the duration or the termination date of the contract.

- Fixed-term labor contracts, in which the parties determine the duration and the termination date of the contract, which cannot exceed 36 months from the effective date of the contract (Article 22).

Therefore, in 2021, the company can choose either a fixed-term or an indefinite-term contract to sign with employees instead of seasonal contract.

It is important to note that regardless of the type of contract, all parties are legally bound by the agreed-upon terms.

In case the company does not wish to sign any of the aforementioned labor contracts, it can consider hiring labor from an outsource labor company.

Can a company in Vietnam unilaterally terminate a contract without prior notice?

Can an employer unilaterally terminate a labor contract without prior notice? Is advance notice required in all cases? Thank you!

Answer:

According to the provisions of Article 38 of the Labor Code in 2012, there is no specific regulation regarding cases where an employer unilaterally terminates a labor contract without prior notice.

However, Clause 3 Article 36 of the Labor Code in 2019 (effective from January 1, 2021) stipulates the following:

When unilaterally terminating a labor contract under points (d) and (e) of Clause 1 of this Article, the employer is not required to provide prior notice to the employee.

Specifically, this applies to the following cases:

- The employee is absent from the workplace after the deadline specified in Article 31 of the Labor Code.

- The employee voluntarily quits without justifiable reasons for a continuous period of at least five working days.

Therefore, starting from January 1, 2021, an employer can unilaterally terminate a labor contract without prior notice to the employee in the above-mentioned cases.

Best regards!