Recruiting foreign workers, is there a probationary requirement? Due to the needs of the job, businesses in Vietnam use domestic workers and have to recruit foreign workers. So, is it possible to apply probation to foreign workers working in Vietnam? Let us learn about this topic with LSX law firm as follow:
Recruiting foreign workers, is there a probationary requirement?
Regarding probation, Clause 1, Article 24 of the Labor Code 2019 provides 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.
Accordingly, probation is an optional agreement when the employee works for the employer. But if there is a need for a trial job, the parties can ultimately sign a probationary contract or a probationary agreement in the content of the labor contract.
Although the above regulation does not explicitly apply to Vietnamese or foreign workers, Clause 3, Article 2 of the Labor Code 2019 clearly states that foreign workers are also subject to the application of this Code.
Therefore, the above provisions will also be applied to foreign workers working in Vietnam. Therefore, if necessary, enterprises can completely request a trial with foreign workers.
Note:What are the conditions for recruiting foreign workers? Foreign workers entering and working in Vietnam must also meet Conditions for foreign workers to work in Vietnam.
Is probationary work with foreign workers compulsory?
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, according to Clause 1, Article 24 of the Labor Code 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 a 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 (social insurance) right from the time of probation.
Every month, enterprises and foreign workers will have to pay social insurance based on the employee’s monthly salary with the corresponding ratio as follows:
| Time of payment | Employers | Workers | ||
| Sickness – Maternity Fund | Fund of Occupational Accidents – Occupational Diseases | Retirement – death fund | Retirement – death fund | |
| From December 1, 2018 – June 30, 2021 | 3% | 0,5% | 0 | 0 |
| From July 1, 2021 – December 31, 2021 | 3% | 0 | 0 | 0 |
| From 01/01/2022 | 3% | 0,5% | 14% | 8% |
(Based on: Decree 143/2018/ND-CP, Resolution 68/NQ-CP)
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Related questions
The purpose of entering into a probationary contract is to enter into a labor contract after the termination of the probationary contract. For employers, the application of a probationary contract before entering into a contract is a guaranteed step when recruiting personnel. For probationers, the probationary process is an opportunity to show their best abilities in front of employers.
According to Article 28 of the Labor Code 2019:
“The employee’s salary during the probationary period shall be agreed upon by the two parties but must be at least 85% of the salary of that job.”
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