In Vietnam, when on probation, what should employees pay attention to?

In Vietnam, when on probation, what should employees pay attention to?

1. Agreement on probation in contract in Vietnam

According to Clauses 1 and 4, Article 24 of the Labor Code 2019, the content of the probationary period can be agreed upon in the following forms:

- Agreement on the content of the probationary period stated in the labor contract;

- Sign the probationary contract.

However, the probationary period is not applied to employees entering into labor contracts with a term of less than 1 month.

2. Contents of probation contract in Vietnam

Pursuant to Article 21, Clause 2, Article 24 of the 2019 Labor Code, the content of a probationary contract includes the following contents:

- Name and address of the employer and the full name and title of the person entering into the labor contract on the employer's side;

- Full name, date of birth, gender, place of residence, CCCD/ID card number or passport of the person entering into the labor contract on the employee's side;

- Work and place of work;

- Working time, rest time;

- Labor protection equipment for employees.

3. 04 milestones to note when trying a job in Vietnam

According to Article 25 of the Labor Code 2019, the probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job. 04 probationary period for specific job groups that employees need to pay attention to include:

- No more than 180 days for: the work of the enterprise manager as prescribed by the Law on Enterprises, the Law on Management and use of state capital invested in production and business at the enterprise;

- No more than 60 days for: jobs with professional titles requiring professional and technical qualifications from college or higher;

- No more than 30 days for: jobs with professional titles that require intermediate technical qualifications, technical workers, and professional staff;

- No more than 06 working days for other jobs.

4. Probationary salary in Vietnam

Pursuant to Article 26 of the Labor Code 2019, the employee's salary during the probationary period shall be agreed upon by the two parties but must be at least 85% of the salary for that job.

5. Cancel the probation agreement in Vietnam

According to Clause 2, Article 27 of the Labor Code 2019, during the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.

6. End of probationary period in Vietnam

At the end of the probationary period, the employer must notify the employee of the probation result.

- In case of successful probation:

+ If the previous probation agreement is concluded with a probationary contract, the employer shall enter into a labor contract with the employee.

+ If the previous probationary agreement is stated in the labor contract, the employer will continue to perform the signed labor contract with the employee.

- In case of unsatisfactory probation: the employer terminates the signed labor contract or the probationary contract.

(Based on Article 27 of the Labor Code 2019)

Nhu Mai

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