Is there a mandatory 2-month probationary period for employees with a university degree in Vietnam?
Is there a mandatory 2-month probationary period for employees with a university degree in Vietnam? Are employers responsible for notifying probation results in Vietnam?
Hi, I just graduated from university with a major in information technology. Can you tell me if the law requires a 2-month probationary period for employees with a university degree? Please advise. Thank you.
Is there a mandatory 2-month probationary period for employees with a university degree in Vietnam?
Article 25 of the Labor Code 2019 provides for the probationary period as follows:
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.
In Clause 1, Article 24 of the 2019 Labor Code, it is stipulated as follows:
1. An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.
According to current regulations in Vietnam, the law does not require a 2-month probationary period for people with university degrees. The probationary period for persons with university degrees shall be agreed upon by the two parties but shall not exceed 02 months as prescribed.
Are employers responsible for notifying probation results in Vietnam?
Article 27 of the Labor Code 2019 provides for termination of 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.
As such, the employer is responsible for notifying the probationary results to the employee in Vietnam.
Best Regards!
