Lawyer Tran Van Toan, Law Office of Khanh Hung - Hanoi Bar Association replied to Ms. Nguyen Linh Chi as follows:

Clause 1, Article 20 of the 2019 Labor Code, a labor contract must be entered into in one of the following categories:

- An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract's validity;

- A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract's validity within 36 months from the effective date of the contract.

Clause 1, Clause 3, Article 24 and Clause 3, Article 25 of this Code provide:

Employers and employees can agree on the content of probation stated in the labor contract or agree on probation by entering into a probationary contract.

The probationary period is not applied to employees entering into labor contracts with a term of less than 1 month.

The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and the conditions must not exceed 30 days for the job with the same occupations requiring professional qualifications, intermediate technicians, technical workers, and professional staff.

Ms. Nguyen Linh Chi's case reflects on a contract named as a labor contract but does not specify the type of labor contract with indefinite term or the type of labor contract with definite term, instead it named "contract term 9/10/2022, probationary period from 9/10/2022 - 8/11/2022".

According to the lawyer, this contract is not a labor contract but in that labor contract there is an agreement between the employer and the employee on probation.

Based on the probationary period stated in this contract, there are grounds to conclude that this is a probationary contract. The word "contract term 09/10/2022" in the contract is unclear, but in the context of this sentence in the contract, it can be considered that this is the effective date of this probationary contract, the start date of the probationary period. deadlines.

Clause 1, Article 27 of the Labor Code stipulates that, at the end of the probationary period, the employer must notify the employee of the probation result.

In case the probationary period is satisfactory, the employer shall continue to perform the signed labor contract in the case of probationary agreement in the labor contract or must enter into a labor contract in the case of employment contract. probation contract.

Specifically, in the case of Ms. Nguyen Linh Chi, although the signed contract is named a labor contract, the content shown is a probationary contract. Therefore, at the end of the probationary period, the employer must enter into a labor contract with the employee who meets the job requirements. In case of unsatisfactory probation, the probationary contract shall be terminated.

VPLS Khanh Hung, Hanoi Bar Association