What is the duration of probation contract of employees who does not have a university degree in Vietnam?

How many days in advance shall employees give notice before termination of probationary period in Vietnam?

How many days in advance shall employees give notice to the employers before termination of probationary period in Vietnam?

Answer:

Pursuant to Article 27 of the Labor Code in 2019 stipulating as follows:

- 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.

- 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 regulations above, the employees have the right to terminate the probationary period without prior notice.

What is the duration of probation contract of employees who does not have a university degree in Vietnam? - Image from Internet

What is the duration of probation contract of employees who does not have a university degree in Vietnam?

In the field of IT, what is the duration of probation contract of employees who only have certificate of completion of courses in Vietnam?

Answer:

Pursuant to Article 25 of the Labor Code in 2019 stipulating probationary period as follows:

Article 25. Probationary period

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:

- 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;

- 60 days for positions that require a junior college degree or above;

- 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

- 06 working days for other jobs.

As regulations above, if your company requires personnels with university degree for IT positions but the employees only have certificate of completion of courses, it it permissible to conclude 60-day probation contract. However, the probationary period can be negotiated by the parties

Regarding the expiry of the probationary period, how many days in advance shall the employers inform the probation result to the employees in Vietnam?

Regarding the expiry of the probationary period, how many days in advance shall the employers inform the probation result to the employees in Vietnam?

Answer:

Pursuant to Clause 1 Article 27 of the Labor Code in 2019 stipulating as follows:

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.

As regulations above, upon the expiry of the probationary period, the employer shall inform the employee of the probation result. However, it does not specify the number of day that the employer shall inform in advance. Compared to the previous labor law regulations in 2012, which required a prior notice period of 3 days, the current regulations do not specifically specify this issue.

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