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Tra cứu cơ sở dữ liệu pháp luật lao động hiện hành về: Quy định hợp đồng thử việc, thời gian thử việ
Based on the current Vietnamese labor regulations provided in the database, here is a detailed legal analysis of the rules, salary requirements, procedures, and administrative penalties related to probation (thử việc).
Note: The specific maximum probation periods for each job qualification (such as 180 days for executive/managerial positions, 60 days for highly skilled positions, etc.) are not explicitly detailed in the provided database. However, the database strictly regulates compliance, probation limits, and penalties for violations.
1. Key Legal Requirements & Compliance Rules
- Probation Salary Limit: The salary paid to an employee during the probation period must be agreed upon by both parties but must be at least 85% of the official salary of that job [^4]. The official salary is determined based on the job or title according to the salary scale or table established by the employer [^14]. For specific labor supply contracts, the probation salary must also be clearly specified [^7].
- Short-term Contracts: Employers are strictly prohibited from requiring a probation period for employees who are hired under a labor contract with a term of less than 1 month [^4].
- Probation Frequency: An employer is only allowed to require one probation period for a single job [^4]. Requiring multiple probations for the same job is a violation [^4].
- Notification of Results: Upon the completion of the probation period, the employer is legally required to notify the employee of the probation results [^4].
- Transition to Official Contract: If the employee’s probation meets the requirements, the employer must immediately enter into an official labor contract with the employee (in cases where a separate probation contract was signed) [^4].
2. Detailed Compliance & HR Document Checklist
The following table outlines the legal requirements, monetary penalties for non-compliance, and the corresponding HR documents that must be maintained for compliance purposes.
| Category |
Legal Requirement / Limit |
Penalty for Non-Compliance (VND) |
HR Document Checklist / Notes |
| Probation Salary |
Must be at least 85% of the official salary of that job [^4]. |
Fine of 2 million VND to 5 million VND; Forced to pay the full salary of that job to the employee [^4]. |
Probation contract or labor contract with probation clause; Official salary scale; Payroll records. |
| Short-term Contracts |
No probation is allowed for employees working under a labor contract of less than 1 month [^4]. |
Fine of 500,000 VND to 1 million VND; Forced to pay the full salary of that job to the employee [^4]. |
Labor contract (under 1 month); Payroll records. |
| Probation Frequency |
Only 1 probation period is allowed for a single job [^4]. |
Fine of 2 million VND to 5 million VND; Forced to pay the full salary of that job to the employee [^4]. |
Probation contract; Job description (JD) to prove it is the same job. |
| Probation Duration |
Must not exceed the legally prescribed duration [^4]. |
Fine of 2 million VND to 5 million VND; Forced to pay the full salary of that job to the employee [^4]. |
Probation contract; Attendance sheets; Time tracking records. |
| Notification of Results |
Employer must notify the employee of the probation results [^4]. |
Fine of 500,000 VND to 1 million VND [^4]. |
Written notification of probation results; Performance evaluation form. |
| Signing Official Contract |
Must sign a labor contract if the probation is successful (for cases with a probation contract) [^4]. |
Fine of 2 million VND to 5 million VND; Forced to sign the labor contract [^4]. |
Official labor contract; Probation evaluation report signed by both parties. |
3. Notes & Practical Tips
- Remedial Measures: In addition to administrative fines, employers who violate probation regulations (such as underpaying probationers, extending probation illegally, or testing short-term workers) are subject to compulsory remedial measures. They must pay the employee the remaining amount to match the full 100% salary of that job for the violated period [^4].
- HR Best Practices: To mitigate legal risks, HR departments should establish a standardized probation evaluation workflow. This includes issuing a written “Notification of Probation Results” before the probation period ends and ensuring that the official labor contract is executed immediately upon successful completion.
- Further Inquiries: If you require a more detailed article-level analysis on specific sectors or industries, please narrow down your query by specifying the particular sectors of interest.
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