Probation is the initial stage of the working process at an enterprise, contributing to the decision of cooperation between the employer and the employee. Below are the contents that enterprises and employees need to note regarding probation issues since the Labor Code 2019 came into effect.
Article table of contents
Probation - Things Employers and Employees Need to Note from 2021 (illustration)
On January 1, 2021, the Labor Code 2019 will take effect, where legal regulations regarding probation will change to benefit both employees and employers in agreeing on tasks, timeframes, and contract execution. The parties can agree on the probation terms recorded in the labor contract or agree on probation by entering into a probation contract.
Firstly, the content in the probation contract:
The Labor Law allows the content in the probation contract to be agreed upon by the employee and the employer, as long as it ensures the probation period and some main clauses as follows:
- Name, address of the employer and full name, title of the person entering into the labor contract on the employer’s side;- Full name, date of birth, gender, place of residence, ID card number, Citizen Identity card, or passport of the person entering into the labor contract on the employee’s side;- Jobs and workplace;- Salary according to the job or title, form of wage payment, wage payment terms, wage allowances, and other supplemental amounts;- Working hours and rest periods;- Labor protection equipment for employees.
In addition to the above clauses, the two parties can agree on additional terms regarding social insurance contributions, the rights and obligations of the parties, confidentiality clauses, etc.
Note, Probation is not applied for employees who enter into a labor contract with a term of less than one month.
Secondly, the duration of probation:
The Labor Code 2019 continues the spirit of the Labor Code 2012 and adds new cases suitable to the development trend of society. The probation period agreed upon by both parties, based on the nature and complexity of the job, can only be tested once for a job and ensures the following conditions:
- Not exceeding 180 days for the job of enterprise managers as specified in the Enterprise Law, the Law on Management and Use of State Capital Invested in Production and Business in Enterprises;- Not exceeding 60 days for jobs requiring professional qualifications or technical expertise from college or higher;- Not exceeding 30 days for jobs requiring intermediate-level professional qualifications or technical skills, technical workers, or service staff;- Not exceeding 6 working days for other jobs.
The law is designed to benefit employees, thereby allowing both parties to agree to shorten the probation period to proceed to official work and set a maximum probation period for various fields so that the employer cannot extend the probation period.
Thirdly, salary:
Continuing the spirit of the Labor Code 2012, from 2021, the salary of employees during the probation period is agreed upon by both parties but must be at least 85% of the salary for that job.
Finally, upon completion of the probation period:
The employer must notify the employee of the probation result after the agreed probation period ends.
- If the probation meets the requirements, the employer continues to perform the labor contract already entered into for the case of the probation agreement in the labor contract or must enter into a labor contract for the case of entering into a probation contract.- If the probation does not meet the requirements, the labor contract or probation contract already entered into will be terminated.
During the probation period, each party has the right to cancel the probation contract or the signed labor contract without notice and without compensation.
Legal basis:Labor Code 2019
Long Binh
