Question:
I am about to sign a probation agreement with a company. Under current laws, what is the maximum probation period for different positions? Additionally, how is probation salary regulated? Is it possible for me to receive up to 100% of the official salary during probation?
Answer:
Probation is an important initial stage in the employment relationship and is specifically governed by the 2019 Labor Code to protect the rights of both employees and employers. Pursuant to Articles 24 and 25, probation may be included in the employment contract or set out in a separate probation agreement. However, the key principle is that an employee may only be subject to probation once for a particular job. Notably, for employment contracts with a term of less than one month, probation is not permitted in order to ensure stability for short-term work.
Regarding the maximum probation period, the law classifies it based on the nature and complexity of each position. For enterprise management positions as defined under the Law on Enterprises and the Law on Management and Use of State Capital, the probation period may be up to 180 days. For positions requiring professional or technical qualifications at college level or higher, the probation period must not exceed 60 days. For jobs requiring intermediate-level qualifications, technical workers, or professional staff, the maximum probation period is 30 days. For other general or simple jobs, the probation period must not exceed 06 working days.
With respect to salary, Article 26 of the 2019 Labor Code provides that the probation salary is subject to agreement between the parties but must be at least 85% of the official salary for that position. Importantly, the law only sets a minimum threshold and does not impose a maximum limit. Therefore, if the employer highly values the candidate’s capability, the parties may agree on a probation salary equal to 100% of the official salary. Another advantage for both parties is that during the probation period, either party may terminate the agreement without prior notice and without compensation if the job is deemed unsuitable.
