What is the Maximum Duration of Probationary Period?

Reader with FB address: L.N.T asks: I have been working for the company for 4 months now but still do not have a labor contract (HDLD), only a probationary contract. I took 1 day off without permission and was deducted 200,000 VND/day. Meanwhile, I work on a piece-rate basis without any allowances. Working a full month does not entitle me to any diligence bonus either. Is the company right or wrong in doing this? What should I do?

Lawyer Pham Thi Thuy Kieu - Law Office No. 6, Hanoi Bar Association answers:

Article 27 of the Labor Code 2012 stipulates: The probationary period is based on the nature and complexity of the job, but the probation is only allowed once for a job and must meet the following conditions:

1. No more than 60 days for jobs requiring professional titles needing a college degree or higher;

2. No more than 30 days for jobs requiring professional titles needing a vocational intermediate diploma, professional intermediate diploma, technical worker, or operational staff.

3. No more than 6 working days for other jobs.

Article 101 of the Labor Code 2012 regulates salary deductions as follows:

1. The employer is only allowed to deduct the employee's salary for compensation for damage caused by damaging the employer's tools and equipment as stipulated in Article 130 of this Code;

2. The employee has the right to know the reason for the salary deduction;

3. The monthly salary deduction shall not exceed 30% of the employee's monthly wage after the deduction of compulsory social insurance, health insurance, unemployment insurance, and income tax.

Labor law strictly prohibits fining or salary deductions as a form of labor discipline. Therefore, your company has committed multiple violations of the Labor Code regulations. You can file a complaint to the Department of Labor, Invalids and Social Affairs (LDTB & XH) of the district where the company is headquartered.

According to Lao Dong Newspaper

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