Ask:
D graduated from university and was accepted into a financial trading company. The company stipulates a probationary period of 02 months, the probationary salary is equal to 70% of the salary of the job for an official person. A finds that unreasonable because I do the same thing as others and only receive 70% of my salary, which is not fair. Can I claim my rights?
Reply:
According to the provisions of the labor law in Clause 2, Article 25 of the Labor Code 2019 on the probationary period, for the current position of A, who needs a university degree, the probationary period is 2 months. is in accordance with the law. Article 25 specifically stipulates as follows: The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring the following conditions: :
1. No more than 180 days for an enterprise manager’s work in accordance with the Law on Enterprises, the Law on Management and Use of State Capital invested in production and business in enterprises;
2. No more than 60 days for jobs with professional titles requiring professional and technical qualifications of college or higher;
3. No more than 30 days for jobs with professional titles that require intermediate professional and technical qualifications, technical workers, and professional staff;
4. No more than 06 working days for other jobs.
However, the salary A is received is not in accordance with the law, according to the provisions of Article 26 of the Labor Code 2019, the salary of the employee during the probationary period shall be agreed upon by the two parties but must be at least equal to 85% of the salary of that job. Thus, A can rely on this regulation to claim his salary benefits.
The law also stipulates that probationary work shall not be applied to employees entering into labor contracts with a term of less than 1 month.
