Probationary contracts are stipulated in Articles 26 and 27 of the Labor Code No. 10/2012 / QH13 as follows:


1. The content of a probationary contract includes:

a) Name and address of the employer or the legal representative.

b) The full name, date of birth, gender, residence address, identity card number or other legal papers of the employee.

c) Job content and location.

d) Term of the labor contract.

f) Salary, payment method, pay period, wage allowances and other additional payments;

f) Working time, rest time.

g) Labor protection equipment for workers.

(According to Article 26 of the Labor Code No. 10/2012 / QH13, including the contents specified at Points a, b, c, d, đ, g and h, Clause 1, Article 23 of the Code No. 10/2012 / QH13 )

So, considering the content of the labor contract, the contract will not show and includes the following content:

e) Increase level and wage regime.

i) Social insurance and health insurance.

k) Training, fostering and raising occupational skills qualifications.

=> The employer is not required to agree on the contents of social insurance on the contract when signing a probationary contract

2. Probationary period

According to Article 27 of the Labor Code, the probationary period is based on the feature and complexity of the job but it is only allowed to conduct probation once for a job and ensure the following conditions:

  • No more than 60 days for jobs with professional titles that require professional and technical qualifications from college or higher;
  • No more than 6 working days for other jobs.

3. According to the latest regulation on compulsory social insurance at:

+ Point b Clause 1 Article 2 of Law on Social Insurance 2014.

+ Point 1.2, Clause 1, Article 4 of Decision 595 / QD-BHXH issued on April 14, 2017, stipulates that the following subject must participate in compulsory social insurance “Laborers working under labor contracts with a term of between full 1 month and under 3 months (from January 1, 2018)”
However, the probationary contract differs from the labor contract in terms of the content (not content on insurance) so the probationers signing the probationary contract in accordance with the Labor Code will not have to participate in compulsory social insurance during the probationary period.