Probation Period: Crucial Notes for Enterprises and Employees

Understanding the legal framework of probation is essential to avoid labor disputes. The following article from Apolo Lawyers provides a comprehensive guide to resolve all concerns regarding this legal process. For professional consultation and dedicated support, please contact our Hotline at +84 979.489.879. Apolo Lawyers remains committed to assisting clients through every step of their legal issues.

I. What is probation?

According to Article 24 of the Labor Code 2019, a probation period is an agreement between a worker and an employer regarding trial work, as well as the rights and obligations of both sides during the trial period.

Key legal characteristics:

• Form of agreement: Parties can conclude a separate probation contract or include probation contents within a labor contract.
• Exemptions: Probation does not apply to workers who sign a labor contract with a duration of less than 01 month.
• Frequency: An employer can only apply probation one time for a single job position.

Probation Period: Crucial Notes for Enterprises and Employees

II. What should an enterprise note?

To ensure legal compliance and optimize human resource management, an enterprise must pay close attention to the following three factors:

Maximum probation duration

The Labor Code 2019 specifies time limits based on the nature and complexity of a job:

• No more than 180 days: For the position of enterprise manager as defined by the Law on Enterprises.
• No more than 60 days: For jobs requiring a professional or technical qualification of junior college level or higher.
• No more than 30 days: For jobs requiring an intermediate professional or technical qualification, or for technical workers and professional staff.
• No more than 06 working days: For other types of work.

Probation salary

The salary (not including allowances) during the trial period is subject to agreement between the two parties, but the amount must be at least 85% of the salary of the actual position.

Conclusion of the trial period

When the probation period ends, the enterprise must notify the worker of the results:

• Satisfactory results: The employer must continue to implement the signed labor contract or sign a new labor contract.
• Unsatisfactory results: The employer has the right to terminate the probation agreement without prior notice at any point during the probation period and without paying compensation.

III. What should an employee note?

To protect their own interests when entering a new environment, workers should remember these regulations:

The right to unilateral termination

During trial periods, probation worker has the right to cancel a probation agreement without prior notice and without paying any compensation if the job is not suitable or the employers fails to fulfill their initial commitments.

Social Insurance (SI) issues

• For separate probation contract: The enterprise is not required to pay compulsory social insurance for the worker.

• For probation period within a labor contract: If the probation period is part of a labor contract, workers are eligible for compulsory social insurance during the probation month(s).

Salary and allowances

Ensure that the probation salary is not lower than 85% of the official salary. Furthermore, agreements regarding allowances (lunch, transport) should be clearly stated in the document to prevent future disputes.

Probation Period: Crucial Notes for Enterprises and Employees

IV. How Apolo Lawyers can help

If you still have difficulties or further questions on Vietnamese labor regulations, as well as any other legal issues, please contact Apolo Lawyers via Email contact@apolo.com.vn or Hotline +84 979.489.879 for the best advice and support.

We are a law firm operating on a foundation that prioritizes prestige and a sense of responsibility. Our lawyers are highly qualified professionals with years of practice experience who always work with dedication and enthusiasm. Client information is kept strictly confidential. We are dedicated to bringing satisfaction to our customers.