Probation is the most familiar "trial phase" in labor relations — and where employers violate most: over-limit probation, 70–80% probationary pay, repeated probation for the same role. This article compiles the 2019 Labor Code rules so both employers and employees know their limits.
1. Maximum probation duration (Art. 25, 2019 Labor Code)
Probation is agreed by the parties but must not exceed:
| Role / job nature | Maximum |
|---|---|
| Enterprise manager titles (per the Law on Enterprises) | 180 days |
| Jobs requiring professional/technical qualifications at college level or above | 60 days |
| Jobs requiring intermediate-level, technical worker or clerical qualifications | 30 days |
| Other jobs | 6 working days |
Key point: the cap follows the actual nature of the work, not the title the employer invents. Labeling a staff position "manager" to stretch probation to 180 days is risky — in disputes, authorities look at the real job.
2. Minimum probationary salary (Art. 26, 2019 Labor Code)
Probationary salary is agreed by the parties but must be at least 85% of the salary for that job.
Example: official salary for a general accountant is VND 20 million/month → minimum probationary pay is VND 17 million/month. Agreeing VND 15 million (75%) violates the law; the employee can claim arrears and the employer faces administrative penalties.
3. Only ONE probation per job (Art. 24, 2019 Labor Code)
The rule: probation only once for one job. Common but unlawful variants:
- After 2 months' probation, signing a "second probation agreement" for the same role — not allowed.
- Renaming the title (from "staff" to "specialist") with identical actual work, then re-probing — not allowed.
- Terminating at probation end then rehiring the same person for the same job for another probation — not allowed.
4. End of probation: pass vs. fail (Art. 27, 2019 Labor Code)
At probation end:
- Requirements met: continue the signed labor contract (if it contains probation terms) or enter into a labor contract.
- Requirements not met: terminate the labor contract or probation agreement.
Probation's special feature: during probation, either party may cancel the probation agreement or labor contract without prior notice and without compensation. This "privilege" exists only during probation — after it, termination must follow full legal procedures.
5. Probation and social insurance: the overlooked point
A common practical confusion:
- Standalone probation agreement: no mandatory social insurance during probation.
- Labor contract with a probation clause (more common): for contracts of 1 month or more, the employee is subject to mandatory social insurance from the contract's effective date, including probation.
So contract choice isn't mere form — it determines the employer's social insurance obligations.
6. Comparison: standalone probation agreement vs. labor contract with probation clause
| Criterion | Standalone probation agreement | Labor contract with probation clause |
|---|---|---|
| Form | Independent probation-only document | Labor contract with a probation section |
| Mandatory social insurance | Not required during probation | Required from the contract's effective date (if contract ≥ 1 month) |
| After passing | Must sign a new labor contract | Labor contract continues automatically |
| Best for | Short-term/uncertain hires | Regular hires, streamlined paperwork |
Choosing the wrong contract type is a common cause of social insurance arrears.
7. Five most common employer mistakes
- Over-limit probation (e.g., 3 months for office staff) — violates Art. 25.
- 70–80% probationary pay — violates Art. 26 (minimum 85%).
- Second probation for the same job — violates Art. 24.
- No written assessment at probation end — no evidence of "failure" in disputes.
- Forgetting social insurance for labor contracts with probation clauses — arrears and penalties.
8. Employer checklist
- Classify the job correctly to apply the right 180/60/30/6-day cap.
- Probationary pay ≥ 85% of official salary — state it in writing.
- One job, one probation — audit hiring processes.
- End-of-probation written assessment (pass/fail) with clear follow-up.
- Choose the right contract type and meet corresponding social insurance duties.
9. Probation evaluation template — key criteria
Issue written evaluation criteria on day one, in four groups: job results (40%) — specific assigned tasks/KPIs, completion rate, work quality; professional knowledge and skills (30%) — fit with the job description, mastery of company tools and processes; discipline and compliance (20%) — punctuality, internal regulations, confidentiality, reporting lines; integration (10%) — teamwork, receptiveness to feedback, initiative.
Standard process: hand over the criteria with both parties' signatures → mid-term review (for probation of 30+ days) → final scored evaluation with specific comments → notify the result before probation expires (Art. 27, 2019 Labor Code). Keep the full evaluation file for at least five years — it is your shield in any dispute.
FAQ
Q: What is the maximum probation period?
A: Max 180 days (enterprise managers); 60 days (college-level+); 30 days (intermediate/technical/clerical); 6 working days (others) — Art. 25, 2019 Labor Code.
Q: What is the minimum probationary salary?
A: At least 85% of the job's salary (Art. 26, 2019 Labor Code). Below that is a violation.
Q: Can probation be repeated for the same job?
A: No — only once per job (Art. 24, 2019 Labor Code).
Q: What if the employee fails probation?
A: Terminate the contract/probation agreement. During probation either party may cancel without prior notice or compensation (Art. 27, 2019 Labor Code).
Q: Is social insurance payable during probation?
A: Depends on contract type: no for standalone probation agreements; yes for labor contracts (1 month+) with probation clauses — from the effective date.
References
- Labor Code 45/2019/QH14 (Arts. 24, 25, 26, 27).
- Cross-checked via thuvienphapluat.vn at drafting (28/9/2026).
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