Is the employer entitled to keep the salary of the probationary employee in Vietnam?
Is the employer entitled to keep the salary of the probationary employee in Vietnam? Do employers in Vietnam have the right to cancel the probationary agreement without prior notice?
I've been on probation for two months at this company but I'm not paid my second month. The company told me that because I was late to work, I violated the commitment I signed, so I was not paid. So is the employment of the company in accordance with the labor law? So is the employment of the company in accordance with the labor law?
Is the employer entitled to keep the salary of the probationary employee in Vietnam ?
Pursuant to the provisions of Article 26 of the Labor Code 2019, the salary regulations during the probation period are as follows:
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Pursuant to the provisions of Article 94 of the Labor Code 2019, the principles of salary payment are as follows:
1. Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee.
2. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.
In addition, Article 127 of the Labor Code 2019 also stipulates that prohibited acts when handling labor discipline are as follows:
1. Harming the employee's health, life, honor or dignity.
2. Applying monetary fines or deducting the employee’s salary wage.
3. Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.
Thus, the company must be obliged to pay you in full according to the agreed time limit at least 85% of the salary of that job in Vietnam. If the two parties have agreed and committed to clearly work a day and you cannot work enough working hours, then the company will be deducted from your salary corresponding to the time you work late.
If the company does not currently pay the probationary salary of the previous 01 month for you, on the grounds that you violate the commitment you signed with the company, you have the right to complain to the company because it is not a ground for the company not to perform its obligation to pay your salary. After 30 days from the date the company receives your complaint that the company does not resolve, you can make a petition to the Vietnam Department of Labor, Invalids and Social Affairs or initiate a lawsuit to the People's Court of the district where the company is located to be resolved.
Do employers in Vietnam have the right to cancel the probationary agreement without prior notice?
Article 27 of the Labor Code 2019 stipulates the end of the probationary period 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.
According to this Article, under this provision, the employer in Vietnam has the right to cancel the probationary agreement without notice and without compensation if the probationary employment is not satisfactory as agreed by the two parties.
Best Regards!
