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Question: I just graduated from university and have been working at a company for a 3-month probationary period.
Recently, the company office informed me that the 3-month probationary period has ended, I have done well and have become an official employee, however, I have not yet signed a labor contract. I would like to ask, how long after the probationary period ends can I sign a contract? When the probationary period ends, if the company still does not sign a contract, what will happen?
VAN DUY(Thanh Ha)
Reply:According to the provisions of Clause 1, Article 27 of the Labor Code: “At the end of the probationary period, the employer must notify the employee of the probationary results. If 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.
Based on the above provisions, the law does not specifically stipulate the time to sign a contract after the end of the probationary period. Thus, the company must be responsible for signing a labor contract with you immediately after the probationary period has ended and has notified the probationary results.
According to the provisions of Clause 2, Article 10 of Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government stipulating administrative sanctions in the field of labor, social insurance, Vietnamese workers working abroad under contracts stipulate: Fine from 2-5 million VND for employers committing one of the following acts:
+ Requiring employees to undergo probation more than once for one job;
+ Probation period exceeding the prescribed period;
+ Paying employees during the probationary period less than 85% of the salary for that job;
+ Do not sign a labor contract with an employee when the probationary period meets the requirements in cases where the two parties have signed a probationary contract.
Thus, if the company does not sign a labor contract with you after a satisfactory probationary period in the case where both parties have signed a probationary contract, it may be fined from 2 to 5 million VND.
