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1. Latest Probationary Contract Template.
2. Key Contents of the Probationary Contract Template.
3. Regulations Regarding Probationary Contracts.
3.1. General Regulations on Probationary Contracts.
3.2. Duration of the Probationary Contract.
3.3. Is it Mandatory to Sign a Probationary Contract?
1. Latest Probationary Contract Template
- Probationary Contract Template without Social Insurance Contributions
- Simple Probationary Contract Template
- Bilingual Probationary Contract Template
* Download the complete set of templates HERE
2. Key Contents of the Probationary Contract Template
- The main content of the probationary contract is stipulated in Article 2, Section 24 of the 2019 Labor Code, specifically including:
+ Probationary period.
+ Name, address of the employer; name, title of the authorized representative of the employer.
+ Full name, date of birth, gender, address, citizen identification number, identity card or passport of the party signing the labor contract on behalf of the employee.
+ Job description and workplace.
+ Salary level, salary payment method, payment period, salary allowances, and other additional provisions.
+ Working hours, break times.
+ Provision of labor protection equipment for employees.
- Generally, the content of the probationary contract is similar to that of the employment contract. However, due to the specific nature of probation, the probationary contract will have adjustments to add or remove content that is more appropriate.
Regulations on the form, content of probationary contracts according to the 2019 Labor Law.
3. Regulations Regarding Probationary Contracts
3.1. General Regulations on Probationary Contracts
- According to the law, a probationary contract is one of the two forms to record the agreement on the probationary content. Employees and employers have the right to agree on the probationary content recorded in the employment contract without the need to sign a probationary contract.
The probationary period is determined by mutual agreement, yet it must adhere to the maximum probationary period as stipulated in Article 25 of the Labor Code:
+ 180 days for managerial positions in state-owned enterprises.
+ 60 days for positions requiring professional titles and a minimum degree of associate.
+ 30 days for positions requiring professional titles and a vocational degree, technical workers, and clerical staff.
+ 06 working days for other types of work.
Is it mandatory to sign a probationary contract?
- Firstly, probation is not compulsory for both employees and employers; it is an agreement between them. Moreover, for fixed-term employment contracts lasting less than 01 month, probationary periods do not apply.
- Additionally, if an employee undergoes probation, the probationary terms can be included in the employment contract without the necessity of signing a separate probationary contract.
In summary, it's not obligatory for laborers and employers to sign a trial contract.
Regarding labor forms, readers can refer to additional resources on a sample attachment for labor contracts shared by us.
A sample trial contract doesn't have a standard template, yet regulations on its core content bind all parties in the labor relationship to ensure rights and benefits for the laborers.
