Vietnam: If the employees voluntarily quits their job while on probation, will they be paid?

If the employees voluntarily quits their job while on probation, will they be paid? - Huyen My (Binh Phuoc, Vietnam)

Vietnam: If the employees voluntarily quits their job while on probation, will they be paid?

Vietnam: If the employees voluntarily quits their job while on probation, will they be paid? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the regulations on probation in Vietnam?

- An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

- The probation contract must include the probation period and the following contents:

+ The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

+ Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

+ The job and workplace;

+ Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

+ Working hours, rest periods;

- Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.

(Article 24 of the Labor Code 2019)

2. If the employees voluntarily quits their job while on probation, will they be paid?

Article 26 of the Labor Code 2019 stipulates probationary salary as follows:

The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.

Thus, the parties have complete freedom to agree on the probationary salary, but to ensure the rights of the employee, the probationary salary must be at least equal to 85% of the salary of the job agreed upon by the parties in the contract.

In addition, Article 27 of the Labor Code 2019 stipulates:

- 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.

- During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.

Thus, according to the above regulations, if, during the probationary period, the employee finds that he or she is not suitable, he or she can voluntarily quit his job without prior notice. The employee also does not have to pay compensation if the trial job does not meet the requirements agreed upon by both parties.

Therefore, taking leave during the probationary period does not violate the provisions of the law, so the employee can request that the employer pay him or her an advance payment for the unpaid probationary days.

3. How long is the probationary period in Vietnam?

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:

- 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;

(Article 25 of the Labor Code 2019)

Nguyen Ngoc Que Anh

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