Answer:
Under the labour law, the Employer is obliged to inform the Employee of the result of the probationary period[1] but the law does not provide the specific maximum of the advance notice period. In detail, if the result of the probationary period satisfies requirements, at the end of the probationary period, the Employer must continue to implement the LC entered into if the probationary work is provided in the LC, or must enter into a new LC if the parties just entered into the probationary contract.
On the part of the Employee, the current labour laws do not provide for a mandatory time limit for the Employee to give feedback on the notice on satisfactory trial job results by the Employer. In principle, the Employee must only give his or her opinion as to whether he or she agrees to enter into a LC with the Employer no later than the last day of the probationary period.
Assuming that the Employer has notified the Employee of their satisfactory probation results, the Employer could have to wait for the Employee’s until end of the probationary period to reply and set the course for action at the end of the probationary period. Specifically, as follows:
- If the Employee agrees to sign the LC, the Employer and the Employee will do the same if the parties just entered into the probationary contract or continue to implement the LC entered into; and
- Where the Employee does not agree to enter into the LC, the Employer should proceed with establishing an agreement on terminating the probationary period and the Employee discontinues working to avoid the risks associated with the complaints by the Employee against the Employer due to their failure to sign the LC after the end of the probationary period.
However, if after the end of the probationary period, the Employee still refuses to give his or her opinion as to whether they sign the LC but continue going to work, the LC is not yet signed in this case due to the Employee’ faults, and the labour relationships between the parties are considered to be not established. A consultation with an expert of the DOLISA of Ho Chi Minh City reveals if the Employer has sufficient evidence in terms of reminding, urging and pushing the two parties to sign the LC, the Employer may request the competent local labour management State agencies and the Courts to settle the case on the basis of providing documents proving that the Employee has failed to perform his or her obligation to reply to the Employer at the end of his or her probationary periods (such as notice of satisfactory probation results, reminding letters etc.), which underpins the termination of the Employee’s LC.
[1] Article 27 of the Labour Code
