Here is a summary of the latest legislation on probation:
1. Law is not required to test
According to the law, the employer (employer) and the employee (worker) may agree on the trial, rights and obligations of the two parties during probation. If there is an agreement on the probation, a probation contract may be entered into.
2. The probation contract must contain the following contents
Name and address of the employer or his / her legal representative;
Name, date of birth, gender, residence address, people’s identity card number or other legal papers of the employee;
Work and place of work;
Term of the labor contract;
Salary level, form of wage payment, pay period, salary allowances and other supplements;
Working time, rest time;
Labor protection equipment for laborers;
3. Salary during probation
Employers and employees may agree on salaries during the probationary period, but at least 85% of the salary for the intended job.
4. Test time
Based on the nature and complexity of the job but only one trial for one job:
No more than 60 days for job holdings requiring professional and technical qualifications from colleges or higher
Not to exceed 30 days for jobs with professional titles requiring professional secondary technical skills, professional secondary, technical workers and professional staff members.
No more than 6 working days: other work
5. During probation
Employees and employers have the right to cancel the probation agreement without notice and without compensation if the failure to do so satisfies the two parties’ agreement.
6. End the probationary period
Employers must inform the results of the trial work within 3 days before the end of the probationary period for jobs with a probationary period of 30 and 60 days. If the job fulfills the requirements, the labor contract must be signed with the employee. If the job does not meet the requirement to terminate the probation agreement
For a job with a trial period of 6 days, at the end of the probationary period, the employer must immediately sign the labor contract if the job fulfills the requirements or terminates the employment agreement if the job is not tested. qualified.