How are violations of probationary salary regulations handled?

Violation of regulations on probationary salary is one of the common violations in the labor sector in Vietnam. This behavior not only causes damage to employees but can also lead to administrative sanctions for employers. This article will provide detailed information about probationary salary regulations, violations and corresponding penalties.

Regulations on probationary salary

Probationary salary is the salary paid by the employer to the employee during the probationary period. The employer and employee can agree on the probation content stated in the labor contract or agree on probation by signing a probation contract.

Employers do not apply probation to employees who sign labor contracts with a term of less than 1 month.

According to the provisions of Article 26 of the Labor Code 2019, the probationary salary must be agreed upon by the parties in the probationary contract and must not be lower than 85% of the official salary of the corresponding job or title.

Points to note about probationary salary:

• Probationary salary applies to all employees during the probationary period.
• The probationary salary is clearly agreed in the probationary contract.
• Probationary salary cannot be lower than 85% of official salary.
• Employers must pay probationary wages in full and on time.

Common cases of violation of probationary salary regulations

Reality shows that there are many cases where employers violate regulations on probationary wages, affecting the rights of employees. Some common violations include:

• Probationary pay is lower than 85% of the official salary of that job.
• Do not pay a probationary salary or pay a late salary.
• No clear agreement on probationary salary in the probationary contract.
• Forcing workers to work on probation without pay.

The above violations by employers often stem from limited awareness of the law or intentional violations for personal gain.

Penalties for violations of probationary salary regulations

According to Article 10 of Decree 12/2022/ND-CP, employers who violate regulations on probationary wages may be subject to administrative sanctions as follows:

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed on employers who commit one of the following acts:

• Probation requirements for employees working under labor contracts with a term of less than 01 month;
• Failure to notify the results of probation to employees according to regulations.

2. A fine of between 2,000,000 VND and 5,000,000 VND shall be imposed on employers who commit one of the following acts:

• Requiring employees to try more than once for one job;
• Probation exceeds the prescribed time;
• Pay the employee during the probationary period less than 85% of the salary for that job;
• Do not enter into a labor contract with the employee upon satisfactory probation in cases where both parties have entered into a probationary contract.

In addition to fines, employers must also take remedial measures such as:

• Force the employer to pay the full salary for that job to the employee;
• Force the employer to enter into a labor contract with the employee when the employee meets the probationary requirements in cases where both parties have entered into a probationary contract.

Penalties for violations of regulations on probationary wages not only ensure the rights of employees but also help businesses comply with legal regulations and avoid risks. Businesses need to clearly understand the penalties and take timely corrective measures to build a transparent and professional working environment, creating trust with employees and partners.

Frequently asked questions about probationary salary

Below are the questions we have compiled during the consulting process for customers, please refer to:

How are probationary contracts and labor contracts different?

The probationary contract is a separate agreement that only applies to the probationary period, while the labor contract includes both the probationary period and the official working period.

Do employees need to pay social insurance during the probationary period?

According to regulations, probationary employees are not required to pay social insurance, unless otherwise agreed between the two parties.

If an employee does not meet the requirements after the probationary period, will they receive salary?

Employees will still be paid for actual work days during the probationary period, regardless of the final outcome.

Is the employer allowed to extend the probationary period beyond the prescribed period?

No, the probationary period must comply with the law, depending on the type of job and professional qualifications of the employee.

In case of a dispute over probationary salary, what documents do employees need to prepare?

Employees need to prepare a probationary contract or labor contract, payroll, documents related to working time and any other agreements related to probationary salary.

Does the regional minimum wage affect the probationary salary?

Yes, the probationary salary cannot be lower than the regional minimum salary prescribed by the Government.

Where can employees complain when probationary wages are violated?

Employees can complain at the district-level Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered or sued in court.

Can businesses deduct other amounts from probationary salary?

Enterprises can only deduct amounts prescribed by law and must have the consent of employees.

Is the probationary period counted as working time to calculate severance pay?

Yes, if the employee continues to work after the probationary period, the probationary period will be counted in the working time to calculate severance pay.

Does the employer need to give notice before terminating an unsatisfactory probationary contract?

Yes, the employer must notify the employee in advance of the termination of the probationary contract according to the provisions of law.

In-depth labor consulting at Long Phan Consulting Company

Long Phan Consulting Company is a reputable consulting unit, specializing in providing in-depth labor consulting services, helping customers:

• Understand labor laws, especially the rights and interests of parties participating in labor relations.
• Develop labor regulations and labor contracts in accordance with legal regulations.
• Consulting on issues related to probation, recruitment, salary, social insurance,…
• Representing labor dispute resolution.

With a team of experienced experts who understand the law, Long Phan Consulting Company is committed to providing customers with high quality consulting services, helping customers feel secure in their operations and sustainable development.

Conclude

Violating the regulations on probationary salary can lead to serious legal consequences for businesses, including administrative penalties and labor disputes. Complying with regulations helps businesses avoid risks, create a transparent, professional working environment and attract talent. If you need detailed advice on labor law, please contact Long Phan Consulting Company via the hotline 0906735386 for timely support.