Is the company required to do probation for employees who sign labor contracts with a term of less than 01 month?

Are companies required to do probation for employees who sign labor contracts with a term of less than 01 month?

Are companies required to do probation for employees who sign labor contracts with a term of less than 01 month? no, according to the provisions of Article 24 of the 2019 Labor Code as follows:

Probation

1. The employer and employee can agree on the probation content stated in the labor contract or agree on probation by signing a probation contract.

2. The main content of the probationary contract includes the probationary period and the contents specified in Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

3. Probation does not apply to employees who sign labor contracts with a term of less than 01 month.

According to the above regulations, probation will not be applied to employees who sign labor contracts with a term of less than 01 month.

Therefore, the company is not allowed to require probation for employees who sign labor contracts with a term of less than 01 month.

How will the company be punished when requiring probation for employees working under labor contracts with a term of less than 01 month?

The level of administrative penalties for companies requiring probation for employees under labor contracts with a term of less than 01 month are specified in Point a, Clause 1, Point a, Clause 3, Article 10 Decree 12/2022/ND-CP as follows:

Violation of regulations on probation

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Require probation for employees working under labor contracts with a term of less than 01 month;

…

3. Remedial measures

a) Force the employer to pay the full salary for that job to the employee when there is a violation specified in Point a, Clause 1, Points a, b, c, Clause 2 of this Article;

In Clause 1, Article 6 of Decree 12/2022/ND-CP stipulates the fine level as follows:

Fine levels, sanctioning authority and principles applicable to repeated administrative violations

1. The fines prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases specified in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6 Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine for organizations is 2 times the fine for individuals.

Accordingly, the company requires probation for employees who sign labor contracts with a term of less than 1 month and may be subject to administrative penalties with fines ranging from 1,000,000 VND to 2,000,000 VND.

At the same time, the violating company is also forced to pay the full salary for that job to the employee.

What is the statute of limitations for sanctioning companies that require probation for employees entering into labor contracts with a term of less than 01 month?

The statute of limitations for sanctioning administrative violations in the field of labor is specified in Clause 1, Article 5 of Decree 12/2022/ND-CP as follows:

Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations.

Reference to point a, Clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, amended by Point a, Clause 4, Article 1 of the Amended Law on Handling of Administrative Violations 2020 regulates the statute of limitations for handling administrative violations as follows:

Statute of limitations for handling administrative violations

1. The statute of limitations for sanctioning administrative violations is prescribed as follows:

a) The statute of limitations for sanctioning administrative violations is 01 year, except for the following cases:

Administrative violations of accounting; bill; fees and charges; insurance business; price management; stock; intellectual property; build; seafood; forestry; investigation, planning, exploration, exploitation and use of water resources; petroleum and other mineral activities; environmental protection; atomic energy; management and development of housing and offices; land; dikes; press; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; When managing foreign workers, the statute of limitations for sanctioning administrative violations is 02 years.

For administrative violations of tax, the statute of limitations for sanctioning administrative violations is in accordance with the provisions of law on tax administration;

Thus, the statute of limitations for sanctioning companies that require probation for employees who enter into labor contracts with a term of less than 1 month is 1 year.