WHAT IS THE MAXIMUM PROBATIONARY PERIOD?

Question: Dear Lawyer, I applied for a job and was asked by the company to sign a 5-month probationary contract. Is this probationary period consistent with the provisions of the current law?

Sincerely thank!

Answer: Hello! With your question, Gattaca Law would like to advise as follows:

According to Article 25 of the Labor Code 2019, the probationary period is stipulated as follows:

“Article 25. Probationary period

The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. Only one probationary period is allowed for a job and the probation shall not exceed:

1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;

2. 60 days for positions that require a junior college degree or above;

3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

4. 06 working days for other jobs.”

Thus, the requirement of the company that you have to sign a 5-month probationary contract is not consistent with the current law.