1. Penalties for violating the probationary contract with the enterprise:

1.1. General regulations on probationary contracts:

It can be said that the Labor Code is a legal document with an important position in the Vietnamese legal system, including regulations regulating labor relations and related relationships to protect rights and interests. Legitimate benefits of workers, an important driving force for the country's socio-economic development in all stages. In the labor law system, the regulation of labor contracts in general and probation contracts in particular are the main regulations and occupy an important position as well as play a central role in regulating labor relations in the economy. market economy. Therefore, unifying these regulations is extremely necessary. Regarding probationary contracts specifically, according to the provisions of Article 24 of the current 2019 Labor Code, in general, probationary contracts will include the following main contents:

– Name and address of the employer and full name and title of the person concluding the labor contract on the employer's side;

– Personal information, such as full name, date of birth, gender, place of residence, citizen identification card number, valid ID card or passport... of the person entering into the labor contract on the other side workers;

– Work and work location, working hours, rest hours and labor protection equipment for employees;

– Salary according to job or title, form of payment, payment period, salary allowances and other additional payments.

1.2. Penalties for violating probationary contracts with enterprises:

Pursuant to Clause 2, Article 10 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the fields of labor and social insurance, Vietnamese workers working abroad In addition to the contract, the penalty level for violations of the probationary contract by the enterprise entity is recorded as follows:

The first: A fine from 500,000 VND to 1 million VND shall be imposed on employers who commit one of the following acts:

– The employer requires probation for employees working under labor contracts with a term of less than 01 month;

– The employer does not notify the employee of the probation results according to the provisions of labor law.

Monday: Fine from 2 million VND to 5 million VND for employers who commit one of the following acts:

– The employer requires the employee to try more than once for one job;

– The employer is on probation beyond the time prescribed by labor law;

– The employer pays the employee during the probationary period less than 85% of the salary for that job as prescribed by labor law;

– The employer does not enter into a labor contract with the employee in accordance with the law when the probationary period is satisfactory in cases where both parties have entered into a probationary contract.

Tuesday, in addition to fines, employers are required to apply remedial measures specified in Clause 3, Article 10 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations. In the fields of labor and social insurance, Vietnamese workers go to work abroad under contract, specifically as follows:

– Force the employer to pay the full salary for that job to the employee when there is a violation specified in Point a, Clause 1, Points a, b, c, Clause 2, Article 10 of Decree No. 12/2022 /ND-CP of the Government regulates sanctions for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts;

– Forcing the employer to enter into a labor contract with the employee when there is a violation specified in Point d, Clause 2, Article 10 of Decree No. 12/2022/ND-CP of the Government stipulating penalties administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

It should be noted that: According to Clause 1, Article 6 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the fields of labor and social insurance, Vietnamese workers working abroad according to contract, the penalty level specified above is the penalty level for individuals. The fine for organizations is 2 times the fine for individuals. Besides, it also forces the employer to pay the full salary for that job.

2. Organizations and units with authority to sanction the act of requiring employees to probation beyond the time prescribed by law:

Pursuant to Point b, Clause 2, Article 48 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the fields of labor and social insurance, Vietnamese workers working in foreign countries under the contract, the above issue is recorded as follows:

Firstly, the competent entity is the Chairman of the Commune People's Committee who has the right to issue a warning or a fine of up to 5,000,000 VND for administrative violations in the fields of labor and social insurance. Vietnamese workers working abroad under contracts specified in Chapter II, Chapter III and Chapter IV of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the field of labor sector, social insurance, Vietnamese workers working abroad under contract.

Second, the competent entity, the Chairman of the District People's Committee, has the right to:

– Caution;

– Fines of up to 37 million 500 thousand VND for administrative violations in the field of labor and social insurance specified in Chapter II and Chapter III of this Decree, except for violations specified in Clause 3, Article 32 of Decree No. 12/2022/ND-CP of the Government regulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

Thus, according to the above analysis, the District People's Committee is given the authority to sanction if the employer forces an employee to probation beyond the probation period as prescribed by law.

3. Can an employer require an employee to try the same job twice?

Pursuant to Article 25 of the 2019 Labor Code, it can be said that the probationary period will be mutually agreed between the employee and the employer based on the nature and different levels of complexity of each job. different jobs that may offer a reasonable probationary period, however the law also recognizes that probation is only allowed.once for a job and must ensure the following conditions:

– No more than 180 days for the work of an enterprise manager according to relevant laws;

– No more than 60 days for jobs with professional titles that are required by law to require professional and technical qualifications of college level or higher;

– No more than 30 days for jobs with professional titles that are required by law to require intermediate professional and technical qualifications, technical workers, and professional staff;

– No more than 06 working days for other jobs (remaining cases).

Thus, employers are only allowed to require employees to try out one job for one job and ensure the conditions prescribed by law.

If there is a violation, it can be based on Decree No. 12/2022/ND-CP of the Government stipulating sanctions for administrative violations in the fields of labor, social insurance, and working Vietnamese workers. When working abroad under a contract, the employer may be administratively fined from 2,000,000 VND to 5,000,000 VND for individuals and 4,000,000 VND to 10,000,000 VND for organizations. At the same time, an additional penalty is applied, which is to force the full salary for that job to be paid to the employee.

In addition, according to the provisions of Article 26 of the 2019 Labor Code, there is a record of probationary salary, accordingly, the employee's salary during the probationary period is agreed upon by both parties but must be at least equal to 85%. % of the salary of that job, the employer also needs to comply.

Legal documents used in the article:

– Labor Code 2019;

– Decree No. 12/2022/ND-CP of the Government regulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.