Is there an extension of the probationary period in Vietnam?

Is there an extension of the probationary period in Vietnam? 

In Article 25 of the Labor Code 2019, the probationary period is stipulated:

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.

Pursuant to Clause 1, Article 27 of this Code, there are provisions on 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.

Thus, it is possible to extend the probationary period in Vietnam , but the probationary period must not exceed the probationary period specified above. Therefore, when you expire the probationary period of 2 months in which the company requests an extension that is contrary to the law, the company must sign a contract or terminate the labor contract concluded with you. In case you move to another job position, you can calculate the probationary period from the beginning.

Is it possible to suddenly resign from work in Vietnam?

According to Clause 2, Article 27 of the Labor Code 2019, there are provisions on 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, probationers have the right to take leave without notice and without compensation in Vietnam.

Best Regards!