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Labor Contract, Probation Period and Legal Milestones to Remember

Many labor disputes stem from businesses missing important legal milestones right from the probationary period and initial contract signing.

This page is an automatic machine translation of the Vietnamese original. For legal matters, the Vietnamese version prevails. View Vietnamese original

Labor Contract, Probation Period and Legal Milestones to Remember

Maximum probationary period depends on the nature of the job

The law stipulates that the maximum probationary period varies depending on the position: shortest for unskilled workers, longer for positions requiring high technical expertise, and longest for business management positions. Enterprises are only allowed one probationary period for a job, and cannot be extended even with the employee's consent.

Milestone announces probation results

Before the probationary period ends, the enterprise needs to notify the employee of the results. If satisfactory, an official labor contract must be signed; If no notice is given, the probationary contract may automatically be considered to have transformed into a formal contract according to the understanding of some dispute resolution agencies.

Milestone for signing a written labor contract

Labor contracts must be concluded in writing (except in some special cases where contracts of less than 1 month can be concluded orally). Enterprises should sign contracts from the first day employees officially work, avoiding the situation of "doing it first, signing later" - this is a common mistake when being inspected by labor.

Milestone for registration of social insurance - health insurance - unemployment insurance

Within 30 days from the effective date of the labor contract, the enterprise must complete registration to participate in social insurance - health insurance - unemployment insurance for mandatory employees.

Notice before terminating the contract

Both parties, when legally terminating a labor contract unilaterally, must comply with the notice period corresponding to the type of contract - violation of the notice period may result in compensation to the other party.

Summary table of milestones to remember

Phase Things to do
Before the probation period expires Notification of probation results
Official start date Sign a written labor contract
Within 30 days from the date the contract takes effect Register for social insurance - health insurance - unemployment insurance
When you want to terminate the contract Give timely notice according to the type of contract

Frequently asked questions

Is it okay not to sign a separate probationary contract? Yes, businesses can agree on the probationary content right in the official labor contract instead of signing a separate probationary contract.

Do you have to give notice before quitting if you fail the probationary period? There is no required notice period like formal contract termination, but clear notice should be given in writing to avoid disputes.

Does Nhân Kiệt support preparing standard labor contracts? Yes, this is part of Nhân Kiệt's labor legalization and EOR services, ensuring the contract form is always updated in accordance with current regulations.

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