Probation for Labor Contracts Under 01 Month: Allowed?

No. Clause 3, Article 24 of the Labor Code 2019 provides that probation does not apply to employees who enter into a labor contract with a term of less than 01 month. A company requiring probation in this case may be subject to administrative penalties under Article 10 of Decree 12/2022/ND-CP.

1. Is probation allowed for labor contracts under 01 month?

Clause 3, Article 24 of the Labor Code 2019:

“3. Probation does not apply to employees who enter into a labor contract with a term of less than 01 month.”

This rule stems from the short-term nature of contracts under 01 month — adding a probation period would defeat the purpose of the contract term and impose an unnecessary burden on the employee. For contracts of 01 month or more, the parties may agree on probation within the labor contract or in a separate probation contract.

2. What is the penalty for unlawfully requiring probation?

Point a, Clause 1, Article 10 of Decree 12/2022/ND-CP imposes a fine of VND 500,000 to VND 1,000,000 on an employer who requires probation for an employee working under a labor contract with a term of less than 01 month. This fine applies to individuals; for organizations (companies), the fine is doubled — i.e., VND 1,000,000 to VND 2,000,000 (Clause 1, Article 6 of Decree 12/2022/ND-CP).

In addition to the fine, the violating company is subject to a remedial measure: it must pay the employee the full wages for that work (Point a, Clause 3, Article 10).

3. Maximum probation periods under the law

For reference, Article 25 of the Labor Code 2019 provides maximum probation periods: not exceeding 180 days for managerial positions; not exceeding 60 days for jobs requiring college-level or higher professional or technical qualifications; not exceeding 30 days for jobs requiring intermediate-level qualifications, technical workers, or professional staff; not exceeding 06 working days for other jobs. Each job may be subject to probation only once.

Notes on applying current legal provisions

Enterprises that regularly employ seasonal or short-term workers should note not to include probation clauses in contracts under 01 month. When entering into a probation contract, clearly state the probation period, the probationary wage (at least 85% of the wage for the job), and notify the result upon completion. If you need advice on labor contracts, please contact an ANT Legal lawyer at 0966.475.966.

How can ANT Legal help?

ANT Legal assists in drafting and reviewing labor contracts, probation contracts, internal labor regulations, and advises on handling labor disputes.

For quick advice, you may contact a lawyer at 0966.475.966.

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