What are the penalties for violations against regulations on probation in Vietnam?

What are the penalties for violations against regulations on probation in Vietnam?
Lê Trương Quốc Đạt

What are the penalties for violations against regulations on probation in Vietnam? - Ngoc Hoa (Can Tho)

What are the penalties for violations against regulations on probation in Vietnam?

What are the penalties for violations against regulations on probation in Vietnam? (Internet image) 

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

1. What are the penalties for violations against regulations on probation in Vietnam?

Penalties for violations against regulations on probation according to Article 10 of Decree 12/2022/ND-CP as follows:

- A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon an employer for commission of one of the following violations:

+ Requesting employees who work under employment contracts with a term of less than 01 month to undergo probation;

+Failing to inform employees of their probation results as prescribed.

- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:

+ Requesting an employee to undergo more than 01 probationary period for a job;

+ Having employees take probation for a period longer than prescribed;

+ Paying probationary salary at the rate lower than 85% of the offered salary;

+ Failing to conclude the employment contract with the employee whose probation result is satisfactory in case a probation contract has been concluded.

- Remedial measures

+ The employer that commits the violation specified in Point a Clause 1 or Point a, b or c Clause 2 of Article 10 of Decree 12/2022/ND-CP is compelled to pay full salary to affected employees;

+ The employer that commits the violation specified in Point d Clause 2 of Article 10 of Decree 12/2022/ND-CP is compelled to conclude employment contracts with affected employees.

* Note: The above fine applies to individual violators. If an organization commits a similar violation, the fine will be doubled (According to Clause 1, Article 6 of Decree 12/2022/ND-CP).

2. Regulations on termination of probationary period

Regulations on termination of probationary period according to Article 27 of the Labor Code 2019 are as follows:

- 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.

3. Regulations on reassignment of an employee against the employment contract

Regulations on reassignment of an employee against the employment contract according to Article 29 of the Labor Code 2019 are as follows:

- In the event of sudden difficulties such as natural disasters, fire, major epidemics, implementation of preventive and remedial measures for occupational accidents or diseases, electricity and water supply failures, or for reasons of business and production demands, the employer may temporarily assign an employee to perform a work which is not prescribed in the employment contract for an accumulated period of up to 60 working days within 01 year, unless otherwise agreed in writing by the employee.

The employer shall specify in the internal labor regulations the cases in which the employer may temporary reassign employees against the employment contracts.

- In case of temporarily reassignment of an employee specified in Clause 1 of Article 29 of the Labor Code 2019, the employer shall inform the employee at least 03 working days in advance, specify the reassignment period and only assign works that are suitable for the employee’s health and gender.

- The reassigned employee will receive the salary of the new work. If the new salary is lower than the previous salary, the previous salary shall be maintained for 30 working days. The new salary shall be at least 85% of the previous salary and not smaller than the minimum wages.

- In case the employee refuses to be reassigned for more than 60 working days in 01 year and has to suspend the employment, he/she shall receive the suspension pay from the employer in accordance with Article 99 of the Labor Code 2019.

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