Probation is an important stage in the recruitment process in Vietnam, allowing employers to assess the competence of employees before officially signing a labor contract. It is an integral part of the labor relationship, benefiting both parties.
However, to ensure the rights and obligations of both parties, Vietnamese law provides clear regulations regarding probation. This article will explore the legal provisions related to probation in labor relations in Vietnam.
Probation
Employers and employees can agree on the probationary terms included in the labor contract or negotiate a probation agreement through a separate probationary contract. The main contents of a probation contract include the probation period and the provisions listed in Points a, b, c, d, g, and h of Clause 1, Article 21 of the 2019 Labor Code.
It is important to note that employers are not allowed to apply probation to employees who enter into a labor contract with a duration of less than one month.
Probation Period
The probation period is determined by mutual agreement based on the nature and complexity of the work but can only be conducted once for a particular job and must meet the following conditions:
- No more than 180 days for managerial positions in businesses as regulated by the Enterprise Law and the Law on Management and Use of State Capital Investment in Production and Business at Enterprises;
- No more than 60 days for jobs requiring professional and technical qualifications at the college level or higher;
- No more than 30 days for jobs requiring intermediate professional and technical qualifications, technical workers, or clerical staff;
- No more than 6 working days for other jobs.
Probationary Salary
The salary for employees during the probation period is agreed upon by both parties but must be at least 85% of the regular salary for the position.
Conclusion of the Probation Period
At the end of the probation period, the employer must notify the employee of the results.
- If the probation is successful, the employer will continue the employment contract signed in the probationary agreement or will sign a regular labor contract if a probationary contract was used.
- If the probation is unsuccessful, the labor contract or probation contract will be terminated.
During the probation period, either party has the right to cancel the probation contract or labor contract without prior notice and without compensation.
Vietnam’s legal provisions on probation help protect the rights of both employees and employers, creating a transparent and fair working environment. Clear probation conditions, such as the probation period and employee benefits during the probation, help avoid disputes and clarify the obligations of each party.
Therefore, compliance with probation regulations is not only a legal requirement but also contributes to maintaining stability in labor relations in Vietnam.
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