I am on probation at a new place, can I receive unemployment benefits?

Can I receive unemployment benefits during this time? After the 2-month probationary period, can I postpone signing the labor contract to continue receiving unemployment benefits?

THU HONG(Kinh Mon)

Reply:

Pursuant to Point b, Clause 1, Article 21 of Decree 28/2015/ND-CP (amended and supplemented by Decree 61/2020/ND-CP), employees on probation (who have not signed a labor contract) are not considered "employed". Therefore, during the probationary period, employees are still entitled to unemployment benefits according to regulations.

Pursuant to Clause 1, Article 27 of the 2019 Labor Code, at the end of the probationary period, the employer must notify the employee of the probationary results. In case the probationary period meets the requirements, the employer shall continue to perform the signed labor contract in the case of a probationary agreement in the labor contract or must sign a labor contract in the case of a probationary contract. In case the probationary period fails to meet the requirements, the signed labor contract or the probationary contract shall be terminated.

Thus, when the probationary period ends and the company does not sign a labor contract, the employee will continue to receive unemployment benefits according to regulations; if the company signs a labor contract, the employee will stop receiving unemployment benefits.

In case an employee is eligible to sign a labor contract but the parties postpone the signing of the labor contract so that the employee can continue to receive unemployment benefits, this is a violation of the law and may be subject to penalties under Article 40 of Decree 12/2022/ND-CP.