Tiếng Việt
Can a foreigner who is applying for a work permit in Vietnam get a trial job ? Is it possible to sign employment contracts for foreign workers? Here are some frequently asked questions of businesses looking to recruit foreign workers?
Are foreign workers allowed to work in Vietnam?
Probationary work is an activity of the employer towards an employee for the purpose of allowing the employee to approach and get acquainted with the job; At the same time, this is also the time period when the employer has a basis to consider signing a labor contract with that employee.
Currently, before the employer and employee enter into a formal labor contract, they will often agree to have a probationary period. However, many employers are not aware of the regulations on probationary work for foreign workers.
Pursuant to Article 24 of the Labor Code 2019 stipulates as follows:
“Article 24. Probation”
1. Employers and employees can agree on the content of probation stated in the labor contract or agree on probation by entering into a probationary contract.
2. The main contents of a probationary contract include the probationary period and the contents specified at Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.
3. The probationary period shall not be applied to employees entering into labor contracts with a term of less than 1 month.”
Thus, according to the provisions of the Labor Code 2019, it is not mandatory to try a job with a foreign worker, but if the employer still wants to try the job with the foreign worker, the two parties must sign a probationary contract. job.
Can a foreigner who is applying for a work permit in Vietnam be able to try a job?
Pursuant to Article 151 of the Labor Code 2019 stipulates as follows:
“Article 151. Conditions for foreign workers to work in Vietnam”
1. Foreign workers working in Vietnam are foreign nationals and must satisfy the following conditions:
a) Being 18 years or older and having full civil act capacity;
b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
d) Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.
2. The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties can agree to enter into multiple definite-term labor contracts.
3. Foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except for international treaties to which the Socialist Republic of Vietnam is a contracting party. otherwise specified.”
As such, foreign workers must meet the conditions specified above to work in Vietnam.
Accordingly, employees must have a work permit issued by a competent Vietnamese agency, except for cases not subject to a work permit.
Probation is also a form of working in Vietnam. Therefore, foreigners who are applying for a work permit will not meet the above conditions and will not be able to work in Vietnam.
Above are answers to some frequently asked questions about making documents for foreigners who can work in Vietnam. To understand better, businesses can contact the document making service for foreigners at GBU Law Joint Stock Company. We will answer any questions that customers often encounter.
