Question

I am an expat living in Danang, Vietnam. I am negotiating a labour contract with a Vietnamese employer. Their offer include 2 months probation with 85% of gross salary ? Lawyers in Danang advise about me if this is in line with laws in Vietnam ?

Answer

Probation period for new employees in Vietnam ?

Probation period in a labor contract:

The probation period must be based on the nature and complexity of the job but probation is applied only once for each job and assure the following conditions:

It does not exceed 60 days for posts which require professional and technical qualification of collegial or higher level.

It does not exceed 30 days for posts which require professional and technical qualifications of intermediate vocational level, professional secondary level, or for technical workers and skilled employees.

It does not exceed 6 working days for other types of jobs (Article 27, The Labour Code No. 10/2012/QH13 dated June 18, 2012).

Wage during the probation period:

The wage for an employee during the probation period must be agreed upon by the two parties but must be at least equal to 85% of the wage for the job (Article 28, The Labour Code No. 10/2012/QH13 dated June 18, 2012).

Expiry of the probation period:  

If the probational job is satisfactory, the employer shall sign a labor contract with the employee.

During the probation period, each party may cancel the probation agreement without prior notice and compensation if the probational job fails to meet the requirements that have been agreed by the two parties (Article 29, The Labour Code No. 10/2012/QH13 dated June 18, 2012)./.

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DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son