Provisions on signing a probationcontract
(Chinhphu.vn) –When the employee and the employer have an agreement on trial work, the two parties conclude a probation contract. The probation period is based on the nature and level of complexity of the job, but only tested once for a job and ensure the conditions specified in Article 27 of the Labor Code.
According to the policy of GE Vietnam Co., Ltd. in Hai Phong City, employees who sign a probation contract are entitled to full benefits as official employees such as official salary, paid salary is equal to official salary,participation in insurance compulsory, voluntary insurance that the company buys more, enjoys vacation days, seniority records...; there is no discrimination of interests.
The branch of GE Vietnam Co., Ltd. in Hai Phong City would like to ask,in order to limit the printing because the other contents of the contract do not change, is the company allowed to sign a contract with the first term of 13 months or 14 months, in which indicates the probationary period is 1 month or 2 months (depending on location)?
Example in the contract clearly states:
Contract type: Definite-term labor contract;
In which the probation period: from January 1, 2018 to February 28, 2018
Official contract period: From February 1, 2018 to February 28, 2019
To simplify the paperwork procedures for both employees and employers as well as employees feel more assured with the company's commitment policies, through the receiving and responding system of the company, the company proposes to consider the legality and advice in the above specific case.
Regarding this issue, The Ministry of Labor, War Invalids and Social Affairs responds as follows:
According to Article 26 of the Labor Code,An employer and an employee may reach agreement on the probation and the rights and obligations of the two parties during the probation period. If reaching agreement on the probation, the two parties may enter into a probation contract.
Clause 1 Article 29 of the Labor Code stipulates,if the probational job is satisfactory, the employer shall sign a labor contract with the employee..
Thus, when the employee and the employer have an agreement on trial work, the two parties conclude a probation contract, the probation period is based on the nature and complexity of the job but only 1-time trial for a job and ensure the conditions specified in Article 27 of the Labor Code. When the trial work is satisfied, the two parties shall enter into a labor contract in accordance with Article 29 of the Labor Code.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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