Is the probationary salary 80% of the official salary in Vietnam?
Is the probationary salary 80% of the official salary in Vietnam? Can the probationary period be used as the basis for calculation of annual leave in Vietnam?
Recently, I went to an interview at a financial company, when we negotiated the salary together, the employee's probationary salary was 80% of the official salary. Can you tell me how much is the probationary salary according to the current law? If I work for 2 months, can that probationary period be used to calculate annual leave? Please advise.
Is the probationary salary 80% of the official salary in Vietnam?
Pursuant to Article 26 of the 2019 Labor Code, there are provisions on probationary salary as follows:
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Thus, in the case that you go to an interview at a financial company and the company offers an agreed salary of a probationary salary equal to 80% of the official salary, it is not in accordance with the law. The probationary salary under current law is at least 85% of the salary of that job in Vietnam.
Can the probationary period be used as the basis for calculation of annual leave in Vietnam?
In Clause 2, Article 65 of Decree No. 145/2020/ND-CP, periods included in working time as the basis for calculation of annual leave:
1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.
2. Probation period if the employee keeps working for the employer after the end of the probation period.
3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.
4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.
5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.
6. Sick leave if not exceeding 02 months per year totally.
7. Maternal leave prescribed by social insurance laws.
8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.
9. Work suspension and leave through no fault of the employee.
10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.
Therefore, if the employee continues to work for the employer after the probationary period expires, the probationary period is automatically considered as the basis for calculation of annual leave. Your 2-month probationary period is used to calculate annual leave.
Best Regards!
