Article 28 of the Labor Code 2012 provides for probationary wages as follows:

Remuneration for the employee during the probationary period shall be negotiated by the two parties but shall not be lower than 85% of the wage for the work.

According to the above regulation, the salary during the probation period shall be agreed by the employer and the employee, but the salary must be at least 85% of the salary of that job. During the probationary period, if the employee works overtime, the overtime salary shall be calculated according to the provisions of Clause 1, Article 97 of the  Labor Code2012, specifically:

Specifically:

1. Employees who are paid overtime pay under Clause 1; Article 97 of the Labor Code are prescribed as follows:

a) The employee shall be paid according to the time of overtime pay when working outside the normal working time stipulated by the employer in accordance with Article 104 of the Labor Code;

b) Employees who are paid according to the paid products work overtime when working outside the normal working hours to make more quantities and volumes of products, work outside the quantity, volume of products or work according to the labor norms agreed upon with the employer. "

Thus, during the probationary period, overtime workers will be calculated for the overtime salary according to probation that the two parties have agreed in the labor contract. The fact that your company only counts 80% of probationary salary as well as not paying overtime is contrary to the current law. Therefore, you have the right to submit an application to the company asking the company to pay the full amount of your salary or file a petition with the Court to request protection of your legal rights and interests.

Master, Lawyer Pham Thanh Binh

Bao Ngoc Law Company, Hanoi