What is the maximum probation period for law graduates in Vietnam? Is it mandatory to sign a probation contract?
Maximum probation period for law graduates in Vietnam
Could you please clarify the maximum probation period for law graduates in the same job according to labor law? I graduated with a bachelor's degree in Economic Law.
Answer: Based on Clause 2 Article 25 of the 2019 Labour Code, regulations on the probation period are as follows:
The probation period is agreed upon by both parties based on the nature and level of complexity of the job but can only be conducted once for a particular job and must meet the following conditions:
- Not exceeding 180 days for managerial positions as specified by the Law on Enterprises and the Law on Management and Utilization of State Capital Invested in Enterprises;
- Not exceeding 60 days for jobs with occupational titles requiring professional or technical qualifications from college level or higher.
Therefore, for law graduates with a university degree, the maximum probation period applied is not exceeding 60 days.
Is it mandatory to sign a probation contract in a joint stock company in Vietnam?
My name is Nhung, and I have an interview at HKL JSC tomorrow. I am wondering if it is mandatory by law to have a probation period or if I can sign a employment contract directly.
Answer: According to Clause 1 Article 24 of the 2019 Labour Code, regulations on probation are as follows:
The employer and the employee may agree on the contents of the probation period recorded in the employment contract or agree on the probation period through a separate probation contract.
Hence, the issue of probation is subject to agreement between the parties and can be recorded either in the employment contract or the probation contract. However, if the employer deems it unnecessary to have a probation period, both parties can proceed to sign the employment contract directly without undergoing probation. You can understand this regulation clearly for your interview tomorrow.
Is probation allowed for a 3-month employment contract in Vietnam?
Our company plans to recruit staff with a master’s degree. But due to our needs, we only intend to sign a employment contract for about 3 to 4 months. In this case, can we apply a 15-day probation period?
Answer: Clause 3 Article 24 of the 2019 Labour Code states:
No probation is allowed for employment contracts with a term of less than 1 month.
Therefore, for employment contracts with a term of less than 1 month, no probation is allowed. If your company is planning to sign a employment contract for 3 or 4 months, it is entirely permissible to apply a probation period.
For a job requiring an occupational title with professional or technical qualifications from college level or higher, the probation period should not exceed 60 days. If your company needs to recruit staff with a master’s degree, the probation period of 15 days as you mentioned is conformable.
Best regards!
