How to Calculate Probationary Salary Under the Latest 2026 Regulations: What Employees Need to Know

How is probationary salary calculated?

Below are some of the most common methods for calculating probationary salary used by businesses in 2026.

Calculated based on the official salary (Most common)

This is the most common method and is applied in accordance with the 2019 Labor Code. Accordingly, the minimum probationary salary must be at least 85% of the official salary for the job position after signing the official labor contract.

Formula:

For example:
If the official salary for an accountant position is 10,000,000 VND/month, the company must pay a minimum of 8,500,000 VND/month during the probationary period.

Calculating Probationary Salary Based on Work Performance

Some businesses in the sales, business, or service sectors often apply a performance-based salary structure during the probationary period.

Accordingly, the employee’s income typically includes:

• Agreed-upon base salary
• Commissions, sales bonuses, or KPI bonuses based on actual work performance

Formula:

For example:
A probationary sales employee receives a basic salary of 5,000,000 VND/month plus a 2% sales commission. If they achieve a revenue of 300,000,000 VND in the month, the commission received will be 6,000,000 VND.

In this case, the employee’s total probationary salary is 11,000,000 VND/month.

See more: The Latest Basic Salary Calculation Formula 2026

Calculating Probationary Salary for Overtime and Holiday Work

Even during the probationary period, if an employee works overtime or on public holidays, the company must still pay them according to legal regulations.

The specific rates include:

• Overtime on a regular day: at least 150% of the normal hourly rate
• Overtime on a weekly day off: at least 200%
• Overtime on public holidays, Tet: at least 300%, not including the holiday pay

For example:
A probationary employee has an official salary of 9,000,000 VND/month, equivalent to about 300,000 VND/workday. If they work on the September 2nd public holiday, the employee will receive:

• 300,000 VND for holiday pay
• 900,000 VND for holiday overtime pay

The total income for the day is 1,200,000 VND.

This shows that employees in the probationary period are still guaranteed full rights regarding salary according to current regulations.

You may be interested in: Detailed Time-Based Salary Calculation Formula (With Detailed Examples)

Calculating Probationary Salary According to the Company’s Payroll Policy

In addition to the methods above, many companies flexibly apply payroll policies that suit their specific industry and operational model.

Some common options include:

• Fixed salary: The employee receives a fixed salary as agreed upon, often applied to office or specialized positions.
• Piece-rate/Commission-based salary: Income is calculated based on products, revenue, or actual work performance. This method is common in business and production sectors.
• Combination of fixed and performance-based salary: Personnel receive a fixed income plus KPI or project bonuses to motivate improved work efficiency.

For example: A probationary employee at a technology company has a fixed salary of 7,000,000 VND and a project bonus of 3,000,000 VND. If they complete the project on schedule and meet their KPIs, their total probationary income can reach 10,000,000 VND/month.

See more: What is a Probationary Contract? A Compilation of Standard Templates 

Can a company require an employee to undergo probation more than once?

The answer is NO. The law clearly states that an employee can only be on probation once for each job, and the maximum duration must be as follows:

• No more than 180 days for corporate management positions
• No more than 60 days for jobs requiring a professional or technical qualification from a college degree or higher
• No more than 30 days for jobs requiring an intermediate-level qualification, technical workers, or professional staff
• No more than 06 working days for other jobs

Therefore, a company cannot require an employee to undergo probation multiple times for the same job position. However, if the employee takes on different jobs or positions, the company can apply a separate probationary period for each job in accordance with legal regulations.

If I quit during probation, will I get paid?

Yes. An employee who resigns during the probationary period will still be paid by the company for the actual number of days worked. The minimum probationary salary must be at least 85% of the official salary for the job position, as stipulated by the 2019 Labor Code.

Additionally, according to Clause 2, Article 27 of the 2019 Labor Code, during the probationary period, both the employee and the employer have the right to terminate the probationary contract without prior notice and without compensation.

This means that an employee can resign immediately during the probationary period without being legally required to give prior notice. However, in practice, many businesses still have separate agreements regarding the notice period for resignation in the probationary contract or internal regulations.

What are the penalties for businesses that require employees to undergo probation more than once?

According to Article 10 of Decree 12/2022/ND-CP, businesses that violate regulations on probation may be subject to administrative fines depending on the severity of the violation.

Specifically, an employer may be fined from VND 500,000 to VND 1,000,000 if they:

• Require probation for an employee working under a labor contract with a term of less than 01 month
• Fail to notify the employee of the probation results as required by regulations

Additionally, a fine from VND 2,000,000 to VND 5,000,000 will be applied for the following acts:

• Require an employee to undergo probation more than once for the same job
• Extend the probationary period beyond the legally permitted limit
• Pay a probationary salary lower than 85% of the official salary for the job position
• Fail to sign an official labor contract with an employee who has passed probation, in cases where a separate probationary contract was signed

In addition to administrative fines, businesses must also implement remedial measures as regulated, including:

• Pay the full salary to the employee in cases of violations regarding the probationary period, number of probations, or probationary salary
• Sign an official labor contract with the employee if they passed probation but the business has not yet signed the contract as required

These regulations aim to protect the rights of employees and prevent businesses from abusing probation to prolong the recruitment period or reduce personnel costs.

Legally Compliant Probationary Contract Template 2026 (Free Download)

Standard Probationary Contract Template

[1OFFICE] Standard Probationary Contract Template

2-Month Probationary Contract Template

[1OFFICE] 2-Month Probationary Contract Template

What are the employer’s responsibilities at the end of the probationary period?

According to Article 27 of the 2019 Labor Code, upon completion of the probationary period, the employer is responsible for notifying the employee of the probation results.

Specifically:

• If the employee passes the probation, the employer must continue to execute the signed labor contract if the probationary terms were directly agreed upon within that contract. In cases where a separate probationary contract was signed, the employer must proceed to sign an official labor contract with the employee as required by regulations.
• If the probation results are unsatisfactory, the employer has the right to terminate the labor contract or the probationary contract that was signed with the employee.

Additionally, during the probationary period, both the employee and the employer have the right to cancel the probationary contract or terminate the labor agreement without prior notice and without compensation. This regulation provides more flexibility for both parties to assess the suitability of the job and work environment before signing an official contract.

Why should businesses use 1HRM payroll software?

Frequently Asked Questions

Is it legal to pay a probationary salary of 80% of the official salary?

It is not legal. According to current regulations, the probationary salary must be at least 85% of the official salary for that job. Paying less than 85% can be considered a violation and subject to administrative penalties.

Is social insurance contribution required for probationary salary?

During the probationary period, employees and employers are generally not subject to compulsory social insurance contributions. The obligation to contribute to social insurance only arises when both parties sign an official labor contract with a term of 1 month or more, as stipulated by current law.

Is probationary salary subject to personal income tax?

Probationary salary is subject to personal income tax (PIT) if the total income is 2 million VND or more per payment for contracts under 3 months (10% withholding), or according to the progressive tax schedule for contracts of 3 months or more. The employer will withhold the tax before paying the salary, unless the employee submits a qualified commitment form 08/CK-TNCN.

What are the penalties for a business that pays a probationary salary lower than the regulation?

According to Decree 12/2022/ND-CP, if a business pays a probationary salary lower than 85% of the official salary for the job position, the employer may be subject to an administrative fine ranging from 2,000,000 VND to 5,000,000 VND for an individual violator. If the business is an organization, the fine will be doubled, ranging from 4,000,000 VND to 10,000,000 VND.

In addition to administrative penalties, the business is also responsible for paying the outstanding salary amount to the employee to ensure the probationary salary complies with legal regulations.

Is the salary for a 2-month probation period different from a 1-month probation period?

In principle, whether the probation period is 1 month or 2 months, the business must still ensure the minimum probationary salary is at least 85% of the official salary for the position as stipulated by law.

The main difference lies in the total income received due to the longer working period. If an employee is on probation for 2 months, the total salary received will be higher than for a 1-month probation, but the monthly salary rate does not change if it is for the same position and employment agreement.

Can employees negotiate a probationary salary higher than 85%?

Yes. The 85% rate stipulated by the Labor Code is only the minimum amount a business must pay an employee during the probation period. In practice, the business and the employee can absolutely agree on a higher probationary salary depending on the employee’s capabilities, professional experience, and the company’s recruitment needs.

Many businesses are now willing to pay 90%, 100%, or the full official salary right from the probation period to attract and retain high-quality personnel.

Conclusion

This article has provided complete information on how to calculate probationary salary according to the latest 2026 regulations, including the minimum salary, probation period, and related regulations. This helps employees clearly understand their rights, while also providing businesses with a basis for building transparent and legally compliant probation policies.