Is probation required when signing an employment contract for less than one month in Vietnam? How many months can an executive of an enterprise be on probation in Vietnam?
Is probation required when signing an employment contract for less than one month in Vietnam?
May I ask, according to the new provisions, is probation required when signing an employment contract for less than one month?
Answer: Clause 3, Article 24 of the Labor Code 2019 (effective from January 1, 2020) stipulates:
Probation is not applied to employees who enter into employment contracts with a term of less than one month.
Thus, for a contract with a term of less than one month, the employee is not required to undergo a probation period.
Currently, according to Clause 3, Article 26 of the Labor Code 2012, employees working under a seasonal employment contract are not required to undergo probation. However, under the new law, this type of contract is no longer applicable.
From 2021, how many months can an executive of an enterprise be on probation in Vietnam?
As per my research, from 2021, the probation period will vary depending on the position. So, how many months can an executive of an enterprise be on probation? Thanks!
Answer: Clause 24 of Article 4 of the Law on Enterprise 2020 stipulates:
An executive of an enterprise refers to the manager of a private enterprise and the manager of a company, including the owner of the private enterprise, general partners, Chairman of the Members' Council, members of the Members' Council, Chairman of the company, Chairman of the Board of Directors, members of the Board of Directors, Director or General Director, and individuals holding other management positions as specified in the company's charter.
Article 25 of the Labor Code 2019 (effective from January 1, 2021) stipulates:
The probation period shall be mutually agreed upon by both parties based on the nature and complexity of the job, but probation shall only be conducted once for a single job, and it must meet the following conditions:
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Not exceeding 180 days for jobs of executive of an enterprises as stipulated by the Law on Enterprise, the Law on Management and Use of State Capital Invested in Enterprises' Production and Business;
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Not exceeding 60 days for jobs requiring professional qualifications, technical expertise from a college degree or higher;
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Not exceeding 30 days for jobs requiring intermediate-level professional qualifications, technical workers, or clerical staff;
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Not exceeding 06 working days for other jobs.
Thus, from January 1, 2021, the probation period for an executive of an enterprise is not to exceed 180 days. This stipulation shows that the Labor Code 2019 has supplemented provisions regarding the probation period for individuals holding managerial positions in a business, a matter not addressed by the current labor code.
Regulations on probation period in Vietnam as per the new regulations from 2021
I am currently an intern at a 24h convenience company. Could you please tell me how the probation period is regulated under the Labor Code 2019?
Answer: According to Article 24 of the Labor Code 2019 (effective from January 1, 2019) stipulates:
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Employers and employees may agree on probationary content specified in the employment contract or agree on probation by signing a probation contract.
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The main content of the probation contract includes the probation period and the content specified in points a, b, c, dd, g, and h of Clause 1, Article 21 of this Code.
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Probation is not applied to employees who enter into employment contracts with a term of less than one month.
