How to calculate probationary wages is an important issue that both employees and employers need to understand to ensure compliance with legal regulations. When starting a new job, understanding how to calculate wages during the probationary period helps employees protect their rights and have appropriate expectations. For businesses, applying the correct method of calculating wages not only complies with the law but also builds a transparent and fair working environment. 1C Vietnam will guide you on how to calculate probationary wages most fully and accurately.
Probationary salary is the amount of money an employer pays an employee during the probationary period, usually applied before signing an official labor contract.
According to Article 26 of the 2019 Labor Code, the probationary salary is the salary agreed upon between the employer and the employee during the probationary period, but must be at least 85% of the salary for that job. The probationary period is stipulated to not exceed 180 days for management jobs, 60 days for technical jobs with college degrees or higher, 30 days for other jobs and 6 working days for simple jobs.
During the probationary period, employees are still entitled to basic benefits according to the law, including social insurance, health insurance and unemployment insurance if the probationary period is 1 month or more.
Probationary salary plays an important role in the relationship between employees and businesses with many essential aspects:
The calculation of probationary salary must comply with specific regulations of Vietnamese labor law to ensure the rights of employees.
The regional minimum wage is an important basis for calculating probationary wages, divided according to regions with different socio-economic conditions:
When applying to probationary salary, enterprises must ensure that the probationary salary is not lower than 85% of the official salary, and at the same time must not be lower than the corresponding regional minimum wage.
During the probationary period, if employees work overtime or work at night, they are still entitled to the following allowances:
Case | Overtime rate |
Overtime on weekdays | 150% of regular hourly wage |
Overtime on weekends | 200% of regular hourly wage |
Overtime on holidays | 300% of regular hourly wage |
Night work (10pm - 6am) | 130% of regular hourly wage |
Overtime at night | 195% - 390% depending on the day |
It is important that all these overtime allowances are calculated based on the probationary salary, not the official salary.
To accurately calculate probationary salary, employees and businesses need to apply the formula in accordance with current regulations.
The basic formula for calculating probationary salary is shown as follows: Ltv = Lct × 85%
In some cases, businesses can apply a rate higher than 85%, or even pay 100% of the official salary during the probationary period to attract talent.
Here is a specific example to better understand how to calculate probationary salary:
An employee is officially agreed upon a salary of 10,000,000 VND/month. According to regulations, the probationary salary will be calculated as follows:
Probationary salary = 10,000,000 VND × 85% = 8,500,000 VND/month
If an employee works 8 hours overtime on a weekday during the month, the overtime allowance will be calculated:
Total probationary income = 8,500,000 + 579,545 = 9,079,545 VND
In addition to the basic formula, there are many other factors that affect the actual income of employees during the probationary period.
During the probationary period, employees may receive certain allowances and bonuses depending on the policies of each company:
These allowances and bonuses are not required by law but are important factors in motivating employees during the probationary period.
Probationary salary is also subject to mandatory deductions as prescribed:
Regarding personal income tax (PIT): If an employee's taxable income exceeds VND 11 million/month (after deducting family allowances and compulsory insurance), the employee will have to pay PIT according to the progressive tax schedule.
Regarding social insurance (SI): According to the latest regulations, if the probationary period is 1 month or more, both the employer and the employee must pay SI, HI and UI at the prescribed rates:
These contributions are calculated on the probationary salary, not the official salary.
Negotiating probationary salary is an important process to help employees get a reasonable and fair salary.
When negotiating probationary salary, employees should note the following points:
From the business side, building an attractive probationary salary policy brings many benefits:
Applying a probationary salary higher than the minimum of 85% helps businesses attract talent and create motivation to work right from the beginning. Many companies, especially in the IT, finance or marketing fields, are applying a policy of paying 100% of salary during the probationary period to attract high-quality candidates.
An attractive probationary salary policy also helps reduce the rate of resignation after the probationary period, saving recruitment and retraining costs. This is also a way to demonstrate a corporate culture that values talent and creates a fair working environment.
Applying automation tools makes the process of calculating probationary salary more accurate and efficient.
Currently, there are many tools to support businesses and employees in calculating probationary salary:
These tools save time, reduce errors, and increase transparency in the probationary salary calculation process.
Using automation tools brings many benefits:
No. By law, the probationary salary must be at least 85% of the salary for that job. However, employees can negotiate a higher salary if they have special experience or skills. Whether or not they are paid 100% depends on the agreement between the two parties.
Yes. According to the Labor Code, probationary salary includes basic salary and may include allowances. Allowances such as lunch, travel, telephone... are usually fully applied as for official employees, depending on the policy of each enterprise.
Industries such as information technology (IT), finance - banking, digital marketing, research and development (R&D), and senior management positions often apply the policy of paying 100% of salary during the probationary period to attract talent.
The regional minimum wage is the lowest that a company must pay its employees, while the actual salary during the probationary period is often much higher, especially in large cities and industries that require highly specialized skills. For example, the minimum wage in region I (Hanoi, Ho Chi Minh City) may be only about 4-5 million VND/month, while the actual probationary salary for a software engineer can be from 15-20 million VND/month.
The method of calculating probationary salary plays an important role in ensuring the rights of employees and creating a fair and transparent working environment. By complying with the law on the minimum wage of 85%, and applying the correct regimes on allowances, bonuses and insurance, businesses not only fulfill their legal obligations but also build a professional image and attract talent.