Maximum probationary period? Signing a probationary contract is required

Article overview

Maximum probationary period is an issue that many workers are concerned about and needs to be answered. Determining the maximum probationary period both ensures the rights of employees and employers. This article will detail the probationary period, probationary contract requirements, and regulations at the end of the probationary period.

Maximum probationary period?
Maximum probationary period?

Form of probationary contract

According to Article 24 of the Labor Code 2019, probation can be carried out in the following two forms:

  • Probation agreement in the labor contract: In this case, the probation content will be written in the labor contract, including terms on probation period, probationary salary, and other obligations according to regulations.
  • Separate probationary contract: the employer and employee can agree by signing a separate probationary contract. The Labor Code does not prescribe the form of a probationary contract. However, based on Article 14 of the Labor Code 2019, labor contracts (including probation if agreed upon) need to be made in writing or through electronic means.
Form of probationary contract
Form of probationary contract

What is the maximum probationary period? How long after probation must a labor contract be signed?

The maximum probationary period is specified in Article 25 of the  Labor Code 2019, based on the nature and requirements of each job position, the probationary period can only be once and does not exceed the following period:

  • 180 days for enterprise management positions according to the provisions of the Law on Enterprise or management positions using state capital at enterprises.
  • 60 days for jobs requiring a college degree or higher, including technicians, experts and complex jobs.
  • 30 days for jobs requiring intermediate qualifications, technical workers, professional staff and positions with qualifications lower than college.
  • 6 working days for simple jobs that do not require high technical qualifications or complex skills.

According to Clause 1, Article 27 of the  Labor Code 2019, after completing the probationary period, the employer must notify the employee of the probation results. Possible results are:

  • Sign an official labor contract: If the probationary period is satisfactory, the employer must sign a labor contract or continue implementing the labor contract if signed during the probationary period.
  • Termination of contract: In case the probationary period does not meet the requirements, the signed labor contract or probationary contract will be terminated.

Thus, the law does not determine the specific time to sign a labor contract after probation, but only stipulates that if the probation is passed, a labor contract must be signed.

If the probationary period ends and the employer does not sign a contract, will there be a penalty?

According to Point d, Clause 2, Article 10 of Decree 12/2022/ND-CP, if the employer does not sign a labor contract with the employee upon satisfactory probation, he/she will be fined from 2,000,000 VND to 5,000,000 VND;

Remedial measures: In addition to fines, employers are forced to sign labor contracts with employees in accordance with regulations.

 What should be done if the employer does not sign the labor contract after the probationary period?
What should be done if the employer does not sign the labor contract after the probationary period?

Consulting services on issues related to probationary contracts at Long Phan

In the following, Long Phan provides consulting services on issues related to probation as follows:

  • Consulting on forms of probationary relationships;
  • Consulting and guidance on drafting standard probationary contracts;
  • Consulting on probationary period and number of probationary periods;
  • Consulting on benefits during the probationary period, especially salary;
  • Consulting on cases of termination of probationary contracts;
  • Consulting on conditions for signing an official contract after probation;
  • Consulting on effective probationary contract dispute resolution;
  • Consulting on other issues related to probationary contracts.

Using professional services will help businesses and employees clearly understand the regulations related to probation, help minimize risks and ensure the rights of both parties. Contact Long Phan via the hotline 0906735386 for detailed and complete advice on regulations related to probationary contracts, ensuring labor procedures and protecting labor rights.