The employer and employee should pay attention to the new regulations on probation mentioned in the Draft of the amended Labor Code, notably the provision that probation is not applicable to employees working under a term of less than one month.
Article table of contents
Illustrative image (source: internet)
In labor relations, the employer and the employee may agree on probation to check the suitability for the job assigned by the employer to the employee.
If probation is required, both parties shall conclude a probation contract or agree on the probation contents recorded in the labor contract. Specifically, the probation contract includes the probation period and the following contents:
- Name, address of the employer, and full name, title of the person concluding the labor contract on the employer's side;
- Full name, date of birth, gender, address of residence, citizen identification card number, or other legal documents of the employee;
- Job description and workplace;
- Salary, method of payment, salary payment term, salary allowances, and other additional amounts;
- Working hours, rest periods;
- Provision of labor protection equipment for the employee.
Especially, the employer is not allowed to apply probation to employees with a working term of less than one month.
The aforementioned content is based on Article 25 of the Draft of the Revised Labor Code.
Duy Thinh
