What is the maximum probationary period according to the law in Vietnam? What is the probationary salary in Vietnam?
What is the maximum probationary period according to the law in Vietnam? What is the probationary salary in Vietnam?
What is the maximum probationary period according to the law in Vietnam?
Pursuant to Article 25 of the Labor Code in 2019 stipulating probationary period:
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:
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.
As regulated above, the maximum probationary period in Vietnam is stipulated as follows:
- 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.
What is the maximum probationary period according to the law in Vietnam? What is the probationary salary in Vietnam? - image from internet
What is the probationary salary in Vietnam?
Pursuant to Article 26 of the Labor Code in 2019 stipulating probationary salary in Vietnam:
Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
As regulated above, the probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Is it permissible to terminate probationary period without prior notice in Vietnam?
Pursuant to Article 27 of the Labor Code in 2019 stipulating termination of probationary period:
Termination of probationary period
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 regulated above, during the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.
Do employees who are on probationary period in Vietnam have annual leave?
Pursuatn to Article 65 of the Decree 145/2020/ND-CP stipulating periods included in working time as the basis for calculation of annual leave:
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. Probationary period if the employee keeps working for the employer after the end of the probationary 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.
As regulated above, employees who are on probationary period in Vietnam do not have annual leave.
However, if the employee keeps working for the employer after the end of the probationary period, that period is included in working time as the basis for calculation of annual leave.
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