Employers have an obligation to pay full and timely wages for the actual working days of employees at the enterprise
Legal basis:
- Labor Code 2019;
- Decree No. 12/2022 / ND-CP.
We received the following question:
I am on probation for this company for 2 weeks and then another company called me to work. I found that the new company was better so I quit this company. But this company did not pay me any salary, they said that because I quit without notice and also because I was in the probationary period without any obligation. I want to ask if that is correct?
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Resigning before the end of the probationary period
Based on Clause 2, Article 27 of the Labor Code 2019 as follows:
Article 27. End of probationary period
2. During the probationary period, each party has the right to terminate the probationary contract or labor contract that has been signed without prior notice and without compensation.
According to this regulation, during the probationary period, both employers and employees have the right to terminate labor contracts without prior notice and without compensation.
Therefore, it is legal for employees to quit their job before the end of their probationary period.
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Salary during probationary period
Based on Clause 1, Article 90 of the Labor Code 2019 as follows:
Article 90. Salary
1. Salary is the amount that employers pay to employees under an agreement to perform work, including job or title-based salaries, salary allowances and other supplements.
According to this regulation, employers must pay salaries for employees to perform work. Therefore, once employees have actually performed work, employers are obliged to pay salaries for the actual working time and results.
Therefore, employers not paying salaries because employees quit during their probationary period is illegal.
