From 2021, the probationary period can last up to 180 days

The probationary period is a period of time for the employee and the employer to decide whether to sign a formal labor contract or not. And in the near future, the trial period of many jobs will be much longer.

New rules on probationary period

According to Article 25 of the Labor Code 2019, the probationary period is agreed upon by the employee and the employer based on the nature and complexity of the job.

However, it should be noted that there are only one probationary period for 1 job and ensure:

- Not exceeding 180 days for the job of the enterprise manager according to the provisions of the Enterprise Law and the Law on the Management and Use of State Capital Invested in the Enterprise's Production and Business.

- No more than 60 days for jobs with professional titles requiring a college or higher professional qualifications and techniques.

- No more than 30 days for jobs with professional titles requiring intermediate professional qualifications, technical workers, technical workers, professional staff.

- Not exceeding 06 working days for other jobs.

With this law it can be seen, the Labor Code 2019, effective from January 1, 2021, has added a regulation on time; For people holding corporate management positions (Labor Code 2012 does not regulate this issue).

It is worth mentioning, the probationary period of this job is up to 6 months, much longer than other jobs. Therefore, businesses as well as employees need to pay attention when the law is officially applied.

Enterprises must notify the probation results

In order to ensure objectivity and fairness as well as protect the interests of employees, Article 27 of the new Labor Code specifies the responsibilities of enterprises when the employees finish their probationary period.

Accordingly, at the end of this period, the employer must notify the probation result to the employee.

In case of a satisfactory probation, the employer shall continue performing the labor contract assigned if there is a probation agreement in the labor contract or must enter into a labor contract if the trial contract is entered into. job.

In case of unsatisfactory probation, terminate the signed labor contract or the probationary contract.

Regarding the right to cancel the probationary agreement, as at present, the Labor Code 2019 allows both the employee and the user to cancel the probationary contract or the signed labor contract without prior notice and without prior notice. compensation.