How are companies that violate probation regulations punished?

Reply:

Article 10, Decree 12/2022/ND-CP stipulates penaltiesadministrative violationIn the field of labor and social insurance, Vietnamese workers working abroad under contracts are subject to the following regulations on probation violations:

1. A fine of 500,000 to 1,000,000 VND shall be imposed on an employer committing one of the following acts:

a) Probationary requirements for employees working under labor contracts with a term of less than 01 month;

b) Failure to notify employees of probationary results as prescribed.

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2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on an employer committing one of the following acts:

a) Requiring employees to undergo probation more than once for one job;

b) Probation period exceeding the prescribed period;

c) Paying employees during the probationary period less than 85% of the salary for that job;

d) Not signing a labor contract with an employee when the probationary period meets the requirements in cases where the two parties have signed a probationary contract.

3. Remedial measures.

a) Requiring employers to pay in fullsalaryof that job for employees when there is a violation of the provisions in Point a, Clause 1, Points a, b, c, Clause 2 of this Article;

b) Forcing employers to enter into labor contracts with employees when there is a violation of the provisions in Point d, Clause 2 of this Article.

Thus, if your company violates the regulations on probation, it will be fined from 500,000 to 5,000,000 VND, and the remedial measure will be to force the employee to pay the full salary for that job or force the employee to sign a labor contract when there is a violation. The penalty for each specific violation is specified in the above quote.

LEGAL POLICY DEPARTMENT - LABOR RELATIONS

NGHE AN PROVINCE LABOR FEDERATION

Tel: 0919.742.006; 0375.037.037