What is a probationary contract? Download sample probationary contract 2024

A probationary contract is an important legal document, bringing benefits to both employers and employees. In the article below, let's join 1C Vietnam to learn in detail about the latest probationary contract template for 2024. With this word file probationary contract template, both businesses and candidates have the opportunity to better understand their expectations. Expectations, job requirements and adaptability of personnel, thereby making accurate decisions. Let's take a look now!

1. What is a probationary contract?

A probationary contract is an agreement between the employee and the employer regarding trial work before signing an official contract. According to Clause 1, Article 24, Labor Law 2019, the probationary contract clearly states the terms and obligations that both parties must comply with during the probationary period.

2. Latest Word file probation contract template 2024

Understanding the importance of probationary contracts , 1C Vietnam would like to share the latest Word file Probationary Contract Template 2024. This contract template is fully and accurately updated according to the latest regulations of the Labor Code. , ensuring the rights of both employers and employees.

Download the latest probationary contract form 2024 now: Here .

3. Necessary contents in the probationary contract

Probationary contracts play an important role in establishing a transparent labor relationship, ensuring the rights of both employers and employees. To ensure legality and complete information, the contract must have the following contents:

• Resume information of employees and corporate legal representatives.
• The employee's address and information about identification documents.
• Describe in detail the job and specific work location.
• The probationary period is clearly specified in the contract.
• Probationary salary, method and time of payment, along with allowances and bonuses.
• Working hours comply with company regulations.
• Requirements for uniforms and behavior during work.

4. Regulations on probationary contracts

Creating a tight probationary contract with full legal content is an essential first step to building a sustainable and effective labor relationship. Below are detailed regulations on probationary contracts according to the 2019 Labor Code:

4.1 Regarding probationary period

According to Article 25 of the 2019 Labor Code, the probationary period is based on the nature and complexity of the job, as follows:

• No more than 180 days for business management work.
• No more than 60 days for professional work from college or higher.
• No more than 30 days for intermediate professional jobs, technical workers, and professional staff.
• No more than 06 working days for other jobs.

After the probationary period according to the contract ends, the employer must notify the employee of the probation results.

4.2 Regarding probationary salary

Article 26 of the 2019 Labor Code stipulates that the employee's salary during the probationary period is agreed upon by both parties, but must not be lower than 85% of the salary for that job.

4.3 Some regimes for probationary employees

Even though they have not officially become full-time employees, probationary workers still enjoy a number of basic benefits according to the provisions of labor law:

• Working time: Working time: Guaranteed not to work more than 8 hours/day and 48 hours/week, with a minimum break between shifts of 30 minutes if working during the day and 45 minutes if working during the day night (working in continuous shifts of 6 hours or more, break time is counted in working hours).
• Sleep mode:
  • Annual leave: According to Clause 2, Article 65 of Decree 145/2020/ND-CP, the probationary period is also counted as annual leave if the employee continues to work for the enterprise after the probationary period expires.
  • Holidays and New Year holidays: According to Article 112 of the 2019 Labor Code, employees are entitled to leave from work with full pay during holidays and New Year holidays. Therefore, probationary employees are also entitled to leave from work and receive salary according to the agreed probationary rate.
• Insurance regime:
  • Compulsory social insurance: Only applies to employees who sign labor contracts with a term of 1 month or more. Therefore, if signing a labor contract for probation, the employee will have the company pay social insurance and enjoy benefits related to social insurance during the probationary period.
  • However, if the probationary period ends without signing an official labor contract, the employee will not enjoy these benefits.

4.4 Regulations on ending probationary contracts

Article 27 of the 2019 Labor Code stipulates that at the end of the probationary period:

• The employer must notify the employee of the probationary results after the probationary period according to the contract ends. If the probationary period is satisfactory, they continue the signed contract or switch to a labor contract. If not, the contract will terminate.
• During the probationary period, each party has the right to cancel the contract without prior notice or compensation.

5. Frequently asked questions about probationary contracts

Many people are still wondering about issues related to probationary contracts . Below are some frequently asked questions and answers to help employers and employees better understand this issue:

5.1 Does probation include insurance?

According to Article 2 of the 2014 Law on Social Insurance, employees are required to participate in compulsory social insurance including:

• Employees work with a labor contract (labor contract) of indefinite term or definite term.
• Employees with seasonal labor contracts or jobs with a term of 3 months to less than 12 months. The labor contract is signed between the employer or legal representative and the employee under 15 years old.
• Employees work under a labor contract with a term from 1 month to 3 months.

Thus, in principle, probationary workers are not required to participate in compulsory social insurance. However, according to Clause 3, Article 168 of the 2019 Labor Code, the employer is responsible for paying employees (not subject to compulsory social insurance, health insurance, unemployment insurance) an amount equivalent to the Pay social insurance, health insurance, and unemployment insurance for employees according to regulations.

In addition, Official Dispatch No. 2447/LDTBXH-BHXH dated July 26, 2011 of the Ministry of Labor, War Invalids and Social Affairs also stipulates: Employees have a probationary period stated in the labor contract and that labor contract is subject to compulsory social insurance participation. , both employers and employees must pay compulsory social insurance for the entire probationary period.

5.2 Does the employee's salary increase after the probationary period ends?

According to Article 26 of the 2019 Labor Code, the employee's salary during the probationary period is agreed upon by both parties. However, the probationary salary cannot be lower than 85% of the official salary of that job.

If the employee works in an area with a regional minimum wage, the probationary salary must not be lower than the regional minimum wage and must be at least 7% higher than the regional minimum wage for jobs that have undergone vocational training. , vocational training.

For example, in 2023, if an employee works in region I with an official salary of 10,000,000 VND/month and the job is for an employee who has undergone vocational training, the probationary salary will be calculated as follows:

• Case 1: Agreement on probationary salary of 85% x 10 million = 8,500,000 VND.
• Case 2: Probationary salary according to regional minimum wage: 107% x 4,680,000 VND = 5,007,700 VND.

Usually a higher probationary salary will apply.

When the probationary period ends and the trial work is satisfactory, the employer must sign a labor contract with the employee and pay 100% of the agreed salary. Each party has the right to cancel the probationary agreement during the probationary period without prior notice and without compensation if the probationary period does not meet the agreed requirements.

In short, the salary after the probationary period can be higher or equal to the probationary salary, depending on the agreement, capacity and work efficiency of the employee.

5.3 How many times is a probationary contract signed?

According to Article 25 of the 2019 Labor Code, a probationary contract can only be signed once for a specific job, subject to the following conditions:

• Maximum 180 days: Applies to enterprise management work according to the provisions of the Enterprise Law 2014 and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises.
• Maximum 60 days: Applicable to jobs requiring professional and technical qualifications from college or higher.
• Maximum 30 days: Applicable to jobs that require professional qualifications, intermediate techniques, technical workers, and professional staff.
• Maximum 6 working days: Applicable to other jobs.

However, the law does not prohibit multiple probationary periods with different jobs at the same enterprise. Therefore, employees and employers can sign probationary contracts multiple times for different jobs at the same enterprise.

5.4 Is a probationary contract a labor contract?

According to Article 24 of the 2019 Labor Code, probationary contracts and labor contracts are two different types of contracts:

• The employer and employee can agree on a probationary period stated in the labor contract or enter into a probationary contract .
• The main content of the probation contract sample includes the probation period and the terms specified in Article 21, Clause 1 (a, b, c, dd, g, h) of the 2019 Labor Code.
• Probation does not apply to labor contracts with a term of less than 1 month.

The probationary contract can be drawn up separately or included in the labor contract. The main purpose of a probationary contract is to evaluate the employee's suitability before signing an official labor contract.

In contrast, the labor contract is signed after probation and may include probationary content, but is not a probationary contract .

Above is detailed information about probationary contracts and related regulations according to the 2019 Labor Code. Hopefully, the information about probationary contracts and the latest probationary contract sample shared by 1C Vietnam has helped. Employers and employees better understand the process and important terms when signing a probationary agreement.