Question:
I have completed the 02-month probation period and have met the requirements as agreed upon. However, I have not seen the company proceed to sign an official labor contract. Is the company currently in violation of the law?
Answer:
Pursuant to Article 25 of the Labor Code 2019, regulations on the probation period are as follows:
The probation period shall be agreed upon by both parties based on the nature and complexity of the job, but the probation shall only be conducted once for a specific job and must comply with the following conditions:
- “ Not exceeding 180 days for the job of an enterprise manager as stipulated in the Law on Enterprises and the Law on Management and use of State capital invested in production and business at enterprises;
- Not exceeding 60 days for a job requiring professional and technical qualifications from college level or higher;
- Not exceeding 30 days for a job requiring intermediate professional and technical qualifications, technical workers, or operational staff;
- Not exceeding 06 working days for other jobs.”
Accordingly, after the employee successfully completes the probation period and meets the requirements, the employer must sign an official labor contract with the employee. If the company fails to proceed with signing the contract after you have met the requirements, the company has violated the provisions of the Labor Code. In this case, you have the right to request the company to sign the contract to protect your legitimate rights and interests.
Consultation: labor services
