Do foreign workers need to have probationary period in Viet Nam?

by HaTrang

Due to the needs of the job, businesses in Vietnam not only use domestic workers but also have to recruit foreign workers. So, do foreign workers need to have probationary period in Viet Nam? Let’s find out this issues with LSX Law firm.

Legal grounds

Labour Law 2020

Is there a probationary requirement for foreign workers?

Accordingly Clause 1, Article 24 of the Labor Law 2019, probationary period is an agreement not required when the employee works for the employer. But if there is a need for a trial job; the parties can completely sign a probationary contract or a probationary agreement in the content of the labor contract.

Although the above regulation does not specifically apply to Vietnamese or foreign workers; Clause 3, Article 2 of the Labor law 2019; clearly states that foreign workers are also subject to the application of this Law.

Therefore, the above provisions will also be applied to foreign workers working in Vietnam. So, if necessary, enterprises can completely request a trial with foreign workers.

See more: What are the reasons why foreign workers have their work permits revoked?

What are the conditions for recruiting foreign workers?

Is it necessary to enter into a probationary contract with a foreign worker?

As analyzed, probation is not a mandatory regulation, so the parties have the right to choose whether or not to try the job. On the other hand, accordingly Clause 1, Article 24 of the Labor Law 2019; if there is an agreement on trial work; the parties can record the probation content in the labor contract or sign a probationary contract.

Therefore, it is not necessary to sign a probationary contract to be able to work, the parties can also sign the labor contract and record the probation content in it. With the signing of a labor contract with the probationary content recorded, the foreign worker will directly benefit by being paid social insurance right from the time of probation.

Above is the content of the article “Do foreign workers need to have probationary period?” If you have any questions, please contact LSX Law firm for detailed answers: 0833102102

Related questions

Is probationary work with foreign workers compulsory?

Probation is not a mandatory regulation, so the parties have the right to choose whether or not to have probation period.

Is probationary contract compulsory?

it is not necessary to sign a probationary contract to be able to work, the parties can also sign a labor contract and record the probation content in it.

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