Number of times employees try jobs in Vietnam

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Legal grounds

• Civil Code 2015
• Labor Code 2019

Regulations on labor contracts in Vietnam

According to the provisions of Clause 1, Article 13 of the Labor Code 2019, the labor contract is stipulated as follows:

• Labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights and obligations of each party in the labor relationship.

• In case two parties agree by another name but with contents showing paid employment, salary and the management, administration and supervision of one party, it shall be considered as an employment contract.

In there:

• An employee is a person who works for an employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.
• Employer is an enterprise, agency, organization, cooperative, household or individual that hires or employs employees to work for them as agreed upon; In case the employer is an individual, he/she must have full civil act capacity.
• The labor contract will take effect from the date of signing by the two parties, unless otherwise agreed by the two parties or provided for by law.

Types of labor contracts in accordance with the current Labor Code:

• An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract’s validity;
• A fixed-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

Form of labor contract in Vietnam

• The labor contract must be concluded in writing; and is made into 02 copies; the employee keeps 01 copy, the employer keeps 01 copy; except for the case specified in Clause 2 of this Article.

• An employment contract entered into via electronic means in the form of a data message in accordance with the law on electronic transactions has the same value as a written labor contract.
• The two parties may enter into a verbal labor contract for a contract with a term of less than 1 month; except for the case specified in Clause 2, Article 18, Point a, Clause 1, Article 145 and Clause 1, Article 162 of the Labor Code.

Regulations on probation in Vietnam

According to the provisions of Article 24 of the Labor Code 2019, the probationary period is as follows:

Employers and employees can agree on the content of probation stated in the labor contract or agree on probation by entering into a probationary contract.

The main contents of a probationary contract include the probationary period and the contents specified at Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

Name and address of the employer and the full name and title of the person entering into the labor contract on the employer’s side;
Full name, date of birth, gender, place of residence, number of citizen identification card, identity card or passport of the person entering into the labor contract on the employee’s side;
Work and place of work;
Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;
Working time, rest time;
Labor protection equipment for employees;
The probationary period not applied to employees entering into labor contracts with a term of less than 1 month.

Number of times employees try jobs in Vietnam

According to the provisions of Article 25 of the Labor Code 2019, the probationary period is as follows:

The probationary period agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring the following conditions:

• No more than 180 days for the work of the enterprise manager in accordance with the Law on Enterprises, the Law on Management and use of state capital invested in production and business at the enterprise;
• No more than 60 days for jobs with professional titles requiring professional or technical qualifications from college or higher;
• No more than 30 days for jobs with professional titles that require intermediate technical qualifications, technical workers, and professional staff;
• No more than 06 working days for other jobs.

Thus, through the above regulations, we can see that the current labor law does not stipulate how many times an employee allowed to try a job; but only stipulates the number of probationary period, after this probationary period, the employee does not have to try another job again. From that provision, it deduced that each time an employee signs a contract, an employee allowed to try a job once.

You can also refer to the article about Rights and obligations of employees and employers in accordance with the laws of Vietnam; Employer’s right to unilaterally terminate the labor contract in accordance with Vietnamese law; Employer’s management rights in Vietnam.

At the end of the probationary period, what should the employer do?

According to the provisions of Article 27 of the Labor Code 2019, the end of the probationary period is as follows:

• At the end of the probationary period, the employer must notify the probation result to the employee.
  In case the probationary period is satisfactory, the employer shall continue to perform the signed labor contract, in the case of probation agreement in the labor contract, or must enter into a labor contract in the case of contract of employment. probation contract.
  In case of unsatisfactory probation, the signed labor contract or probationary contract terminated.

• During the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.

• Probationary salary: The employee’s salary during the probationary period agreed upon by both parties but must be at least 85% of the salary of that job.

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