Probationary contracts for new employees – Full sample

Article overview

Probationary contracts are a document that stipulates the terms of rights and obligations between the employer and employee during the probationary period. This document clearly defines the contents of time, salary, insurance and working conditions during the probationary period. To ensure the rights of both parties, you need to clearly understand the following regulations on probationary contracts.

Sample probationary contract for employees
Sample probationary contract for employees

Is it mandatory to try probation and sign a probationary contract before signing a labor contract?

During the recruitment process, many businesses wonder about the necessity of signing a probationary contract. Article 24 of the Labor Code 2019 clearly stipulates the right to negotiate a probationary period between the employer and employee. Accordingly, employers are not required to undergo probation before signing a labor contract.

The employer and employee can agree on the content of the probation in one of the following two forms:

  • Record probation content in the labor contract;
  • Sign a separate probationary contract.

Thus, it is not required to sign a probationary contract before signing a labor contract, but the probationary content can be written in the labor contract.

Regulations on probationary contracts
Regulations on probationary contracts

Sample probationary contract for new employees

The probationary contract form must comply with the provisions of the Labor Code 2019 in terms of form and content. The probationary contract must be made in writing with full information of the parties. Information in the contract must be clear and detailed about the rights and obligations of the employee and the employer.

Mandatory content in probationary contract:

  • Name and address of the employer and full name and title of the person concluding the labor contract on the employer’s side;
  • Full name, date of birth, gender, place of residence, Citizen Identification card number, ID card or passport of the person entering into the labor contract on the employee’s side;
  • Work and work location;
  • Salary according to job or title, form of payment, payment period, salary allowances and other additional payments;
  • Working time, rest time;
  • Labor protection equipment for workers.

Reference: Latest probationary contract sample

What information should employees keep in mind when signing a probationary contract?

When signing a probationary contract, employees need to pay special attention to the regulations on time and salary. The terms of the contract must comply with the provisions of labor law. Signing a probationary contract must ensure the rights of both parties.

Contents that workers need to check:

  1. Probation period:
  • Maximum 180 days for management positions
  • Maximum 60 days for professional college jobs or higher
  • Maximum 30 days for intermediate jobs
  • Maximum 6 working days with other jobs.
  1. Salary and benefits:
  • Minimum probationary salary is 85% of official salary
  • Pay time
  • Allowances (if any)
  • Insurance policy
  • Overtime working conditions.
  1. Right to terminate the contract:
  • Termination condition
  • Notice period
  • Benefits upon termination
  • Compensation for violations (if any).
Regulations on probationary period
Regulations on probationary period

Guidance service on drafting standard probationary contracts

Long Phan provides consulting services for drafting professional probationary contracts. Our services include:

  • Consulting on forms of probationary contracts;
  • Consulting on the contents that must be included in the probationary contract;
  • Instructions for drafting standard probationary contracts;
  • Review, amend, supplement and complete the probationary contract;
  • Consulting on other issues related to probationary contracts.

A probationary contract is a document recording the rights and obligations of the probationary party and the employer. For detailed advice on drafting a standard probationary contract, please contact the hotline 0906735386 for the best advice and support.