What is probationary salary? Latest regulations and instructions 2025
Probationary salary is the amount of money that an employee receives during the probationary period according to Vietnamese law. This is an important stage of capacity assessment before signing an official contract, with many specific regulations that both employers and employees need to understand. In this article, 1C Vietnam will analyze in detail the latest regulations on probationary salary, how to calculate it accurately, as well as guide effective negotiation for both parties.
1. What is probationary salary?
Probationary salary is the amount of salary that the employer pays to the employee during the probationary period. According to the provisions of the 2019 Labor Code, the probationary salary must be agreed upon between the two parties but must not be lower than 85% of the official salary.
The role of probationary salary in labor relations:
- Ensuring income for employees during probation period
- Is the basis for evaluating work capacity and efficiency.
- Motivating employees during the probationary period
- Demonstrate fairness and transparency in human resources policies
For example: If the official salary for the HR specialist position is 10 million VND/month, the minimum probationary salary must be 8.5 million VND/month (10 million × 85%).
2. Legal regulations related to probationary salary
Understanding legal regulations helps employees and businesses avoid unnecessary risks in labor relations.
The 2019 Labor Code stipulates the maximum probationary period for each type of job as follows:
- For jobs with job titles requiring professional or technical qualifications from college level or higher: Probationary period does not exceed 60 working days.
- For jobs with job titles requiring intermediate technical expertise, technical workers, and professional staff: Probationary period does not exceed 30 working days.
- For other jobs: Probationary period not exceeding 6 working days
- For business managers as prescribed by the Law on Enterprises: Probationary period can be agreed upon but not more than 180 days.
Administrative penalties for violating probationary salary regulations:
- Fine from 5,000,000 VND to 10,000,000 VND for the act of paying probationary salary to employees lower than 85% of the official job salary.
- Fine from 10,000,000 VND to 20,000,000 VND for not paying salary to employees during probation period
- Compulsory payment of wages and other benefits to employees in accordance with regulations
For special cases:
- Seasonal work: No probationary period
- Short-term contract under 1 month: No probationary period applies
- Contract under 12 months: Probationary period not exceeding 15 days
3. How to calculate probationary salary accurately
Each employee needs to clearly understand how to calculate probationary salary to ensure their rights when starting a new job.
The basic formula for calculating probationary salary is as follows:
Probationary salary = Official salary × 85%
For Gross and Net salary during probation period:
- Gross probationary salary = Official Gross salary × 85%
- Probationary Net Salary = Net Salary after deductions from Gross Probationary Salary
Illustrative table of how to calculate probationary salary according to regional salary level:
Region | Regional minimum wage 2025 | Minimum probationary salary (85%) |
I | 4,680,000 VND | 3,978,000 VND |
II | 4,160,000 VND | 3,536,000 VND |
III | 3,640,000 VND | 3,094,000 VND |
IV | 3,250,000 VND | 2,762,500 VND |
Example:
- An accountant has an official salary of 12,000,000 VND/month (Gross)
- Gross probationary salary: 12,000,000 × 85% = 10,200,000 VND/month
- After deducting social insurance, health insurance, unemployment insurance and personal income tax, the net probationary salary is about 9,180,000 VND/month.
The difference between Gross and Net salary during the probationary period lies in the statutory deductions, similar to that of the official salary.
4. Probationary salary and related factors
Probationary salary is not only related to salary but also many other factors such as insurance and personal income tax.
About social insurance during probation period:
- Employees only have to pay social insurance when they agree to a probationary period of 1 month or more.
- Social insurance, health insurance, unemployment insurance contribution levels are based on actual probationary salary.
- Contribution rate: Employees contribute 10.5%, employers contribute 21.5%
How to calculate personal income tax for employees during probation period:
- Apply progressive tax rates as for official salaries
- Taxable income = Probationary salary - Deductions (Social insurance, health insurance, unemployment insurance, family deduction)
- Personal income tax = Taxable income × Corresponding tax rate
Other benefits that employees can claim:
- Travel and lunch allowance (if any)
- Health insurance and medical treatment
- Phone allowance, business trip allowance (depending on company policy)
- Bonuses (if high performance is achieved)
5. Instructions for effective probationary salary negotiation
Probationary salary negotiation skills are an important factor in helping employees get a decent salary right from the start.
Advice for employees when negotiating probationary salary:
- Research the salary market for similar positions carefully.
- Prepare your profile and achievements for negotiation
- Clarify probationary period and conditions for conversion to official contract
- Discuss salary increase roadmap after probation period ends
- Propose probationary salary higher than 85% if have suitable experience
Tips for employers to set competitive probationary salaries:
- Building a transparent compensation structure
- Consider a probationary salary higher than the minimum to attract talent
- Establish clear performance benchmarks during the probationary period
- Consider applying a special bonus after completing an excellent probationary period.
- Create a clear career development roadmap to motivate employees
Probationary salary is an important aspect of labor relations, clearly regulated in the 2019 Labor Code with a minimum level of not less than 85% of the official salary. Understanding these regulations helps employees ensure their rights, while creating a transparent basis in relations with employers.