Today, LSX Lawfirm will give you an article about: “Probation period and probationary salary according to Vietnamese law”, as follows:
Labor Code 2019
According to Clause 1, Article 24 of the Labor Code 2019, when an employer and employee have an agreement on probation, this content will appear in the labor contract or entered into a trial contract.
On the basis of the agreement of the parties, the probationary period the parties decide but still must ensure the maximum time as prescribed by law.
Specifically, Article 25 of the Labor Code 2019 notes that the probationary period of the two parties agrees. This bases on the nature and complexity of the job. And each job only one trial period and satisfy the conditions:
– Less than 180 days: Business manager’s job;
– Fewer than 60 days: Jobs with professional titles need professional and technical qualifications from college or higher;
– Fewer than 30 days: Jobs with professional titles that require intermediate technical qualifications, technical workers, and professional staff;
– No more than 06 working days: Other work.
Accordingly, the employer only tasks the employee to try a job during the above-mentioned time periods.
According to point b, clause 2, Article 9 of Decree 28/2020/ND-CP. If the probationary period exceeds the prescribed time, the enterprise needs to pay a fine of between VND 02-05 million
In particular, the above probationary period “does not apply” to employees working under labor contracts with a term of less than 1 month.
The employee’s salary during the probationary period the two parties agree. And it must be at least equal to 85% of the salary of that job.
Accordingly, when on probation, the employee will receive an agreed salary. However, the salary must be at least 85% of the salary for that job.
In case of a satisfactory probation
– The employer continues to perform the signed labor contract in case of probationary agreement in the labor contract.
– Entering into labor contract in case of entering into a probationary contract.
In case of unsatisfactory probation: terminate the signed labor contract or probationary contract.
Article 28. Salary during the probation period
The employee’s salary during the probationary period shall be agreed upon by both parties but must be at least equal to 85% of the salary for that job.
So this 85% is your salary during your probationary period. Therefore, when the probationary period ends, when signing an official labor contract, you will receive 100% of the salary. The accountant’s statement that the first contract you receive only 85% of your salary is not consistent with the provisions of the Labor Code. As for the fact that after signing two definite-term contracts, they must sign an indefinite-term contract, which is in accordance with the provisions on contract extension.
The probationary period the two parties agree wtih base on the nature and complexity of the job, but only once for a job. Accordingly, an enterprise is only required to have one probationary period for one job as the parties agree.
However, the law does not prohibit trying multiple jobs with different jobs at the same enterprise. That is, the employer and the employee can completely agree to try many times, but each probationary period can only perform a job.
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