Latest Regulations On Probationary Periods in 2023

The probationary period marks a crucial transition phase for both employers and employees. It’s a time for evaluation, assessment, and determining if the working relationship is mutually beneficial. This article by NT International Law Firm guides you through the latest regulations on probationary periods in 2023, ensuring you’re informed and empowered during this critical juncture.

The probationary period allows employers to assess an employee’s skills, qualifications, and suitability for the position, while employees gain valuable experience and determine if the company aligns with their career aspirations. Before signing a formal labor contract, this trial phase provides a safety net for both parties to evaluate the fit.

Latest Regulations On Probationary Periods in 2023

Regulations on probationary periods

Apprenticeship Period (Article 61, Labor Code 2019):

• As stipulated in Article 61 of the 2019 Labor Code, the duration of the apprenticeship period depends on the skills, knowledge, and experience required for the specific job.
• For elementary level positions, the apprenticeship period ranges from 3 months to 1 year.
• For intermediate level positions, the period extends from 1 year to 2 years.
• College-level positions have the longest apprenticeship period, ranging from 2 years to 3 years.
• Regularly updating knowledge and skills may lead to a flexible apprenticeship period, allowing for faster progression.

Trial Period (Article 25, Labor Code 2019):

• Article 25 of the 2019 Labor Code specifies that businesses can only have one trial period per job for each employee.
• The maximum duration of the trial period varies depending on the job type:
  • Business manager positions: 180 days
  • Professional jobs requiring a college degree: 60 days
  • Technical jobs with intermediate qualifications: 30 days
  • Other positions: 6 working days

Regulations on quitting jobs in probationary periods

• Both parties have the right to terminate the probationary contract without prior notice or compensation, as stated in Clause 2, Article 27 of the 2019 Labor Code.
• This means that employees can voluntarily quit their job during the probationary period without any obligations.

Regulations on salaries in probationary periods

• The probationary wage is agreed upon by both parties, but it must not be lower than 85% of the regular salary for that job, as stipulated by labor law.
• Employees who quit during the probationary period are still entitled to wages for the days they worked.

Regulations on annual leave in probationary periods

• According to Clause 2, Article 65 of Decree 145/2020/ND-CP, the probationary period counts towards annual leave if the employee continues working for the employer after the probationary period.
• However, specific regulations governing annual leave for employees who quit during the probationary period are lacking. This depends on the individual employment contract or internal company policies.

Staying Informed and Seeking Guidance:

• These regulations are subject to change, and it is crucial to stay informed about the latest updates.
• If you have any questions or concerns regarding your specific situation, seeking legal guidance from a qualified professional is highly recommended.
• NT International Law Firm encourages you to proactively understand your rights and responsibilities during the probationary period to ensure a smooth and successful transition into your new job.

NT International Law Firm has addressed the matter of the latest regulations on probationary periods in 2023. If you have any further questions or concerns regarding labor, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2019 Labor Code in English
• Decree 145/2020/ND-CP: https://nhankiet.vn/vi/w2783/Decree-1452020NDCP—On-Working-Conditions-And-Labor-Relations.html