This is one of the notable contents proposed to be supplemented in the Draft of the revised Labor Code currently being circulated by the Ministry of Labor, War Invalids and Social Affairs for public comments.
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The draft offers 02 options for probation agreement to choose from.
Option 01: When concluding a labor contract, the parties can agree on the probationary content stated in the labor contract.
When the probation period ends and the employee continues to work for the employer, the probation is considered to meet the requirement.
During the probation period, if the employer has grounds to believe that the employee does not meet the probation requirements as stipulated in the regulations, the employer has the right to cancel the labor contract if they notify the employee in writing 01 working day in advance.
During the probation period, if the employee finds that the assigned job is not suitable, they have the right to cancel the labor contract if they notify the employer 01 working day in advance.
Option 02 (retaining current practice): The employer and the employee can agree on probation. If there is an agreement on probation, the parties will enter into a probation contract. The content of the probation contract includes points a, b, c, d, dd, g, h Clause 1 Article 21 of the Labor Code 2012.
Regarding the probation period, in addition to the current stipulation, the draft adds a probation period for enterprise management positions according to the Law on Enterprises, specifically no more than 06 months.
At the same time, the draft clearly states that probation does not apply to employees who enter into a labor contract with a term of under 01 month.
Note: This probation agreement is intended to check the suitability of the job assigned by the employer to the employee.
- Nguyen Trinh -
