Tiếng Việt1. Do not have to pay any kind of cost for recruitment (K2, D11, Labor Law 2019)
Article 11. Labor recruitment
1. Employers have the right, directly or through employment service organizations or labor outsourcing enterprises, to recruit workers according to the employer’s needs.
2. Employees do not have to pay costs for labor recruitment.
Thus, Employers can recruit through many different forms to effectively and efficiently meet the human resource needs of their businesses such as:
+ Direct recruitment: The company itself advertises and selects and interviews candidates
+ Through a job service organization: The unit has the function of introducing and connecting personnel for businesses
+ Through a labor outsourcing enterprise: That is, the employee signs a contract with a company that has the function of recruiting and subleasing labor. After that, the employee is transferred to work and is under the control of another employer while still maintaining an employment relationship with the employer who has entered into a labor contract.
All these recruitment methods, whether indirect or direct, the employee does not have to pay any refund for the recruitment. If you have to pay a fee for this recruitment, it means that the company is doing it wrong and is “taking advantage” of your ignorance.
2. The probationary salary is at least 85% of the official salary (D26, Labor Code 2019)
Article 26. Probationary salary
The employee’s salary during the probationary period shall be agreed upon by both parties but must be at least equal to 85% of the salary for that job.
Your probationary salary is negotiated by you with the company, but the lowest level is always 85% of the agreed salary when officially entering for that job. Employers can pay 90% or 100%, but less than 85% is not.
3. The probationary period does not exceed 60 days for the required position from College or higher (K2, D25, Labor Law 2019)
No more than 60 days for jobs with professional titles that require professional or technical qualifications from college or higher
The law also has provisions for other cases, however, currently, new graduates often fall into this situation, so the maximum probation period is 60 days. If you try to work for 30 days, or 50 days, it’s okay, but if it’s more than 60 days, even 61 days, it won’t work.
4. Only one probationary period is allowed for that position (D25, Labor Law 2019)
The probationary period is agreed upon by the two parties, but must comply with regulations, for example, no more than 60 days for jobs with professional titles that require professional or technical qualifications from college or higher or Not more than 30 days for for jobs with professional titles that need professional qualifications, intermediate technicians, technical workers, and professional staff.
However, regardless of the job position, the probationary is only allowed to try the job once. It is not possible for the reasons” The company does not know your capacity well, so it needs to try more… to extend the probationary period. When formulating the law, the legislators also do very specific research to give a trial period for each job position. If you work for 2 months, the company knows if you can do it or not, whether you can go for a long time or not to continue signing the official contract.
5. Leave work during the probationary period without notice, without compensation (K2, D27, Labor Law 2019)
During the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.
This provision applies to both employees and employers. Here, you also need to distinguish a little bit because you often misunderstand without prior notice that it means a break, it’s okay not to hand over. The law only governs the part without prior notice, for example, you go to work today and you take a day off tomorrow or vice versa, you go to work today and the company says that you are off tomorrow and do not have to come to the company anymore, both are no violation and do not have to compensate each other at all.
However, that does not mean that you do not hand over property, hand over work, take a break if you like. When we work for an organization, we don’t want to go together anymore, it’s best to just talk to each other for an hour, hand over everything carefully and then take a break, no one will blame you. And also so that when they accidentally meet each other, they will not feel shy.
This is also a skill that new graduates need to learn and equip. If I come properly, I will leave properly, no one can blame me, right?
