Probationary Employees: Are They Required To Pay Social Insurance? Latest Update 2025

During the probationary period, employees are not required to participate in compulsory social insurance (SI) under current legal regulations. Only when signing an official labor contract with a term of at least 1 month does the obligation to pay SI arise. However, during probation, employees are still entitled to certain basic rights such as receiving at least 85% of the salary for the official position, the right to terminate the probation contract without prior notice, and possible support from the employer for other types of insurance depending on internal policies. This helps both employees and employers reduce financial burdens while assessing work capacity.

1. Definition of a probationary contract

• A probationary contract is an agreement between the employee and the employer to evaluate work capacity before signing an official labor contract.
• The probationary period usually lasts from 6 days up to a maximum of 180 days, depending on the nature of the job.

2. Legal regulations on SI during probation

• According to Decree No. 158/2025/NĐ-CP, probationary contracts are not subject to compulsory social insurance.
• Employees are only required to pay SI when signing an official labor contract with a term of at least 1 month.

3. Employee rights during probation

Even without compulsory SI, employees are still entitled to several basic rights:

• Probationary salary: at least 85% of the salary for the official position.
• Right to terminate probation: both parties may terminate the contract without prior notice.
• Other insurance schemes: employers may agree to provide health insurance or accident insurance depending on internal policies.

✅ Conclusion

Confirming that probationary employees are not required to pay compulsory SI is an important basis for businesses to establish transparent HR policies, save costs, and avoid legal risks. By understanding this regulation, employers can focus on evaluating candidates’ capabilities during probation while preparing all necessary SI procedures once the official contract is signed, ensuring compliance with the law and building trust with employees.

For consulting support, please contact TPM’s specialists: 

Ms. Đỗ Thị Thu Quỳnh 

Head of HR & Payroll Services 

 ✉️ quynh.do@tpm.com.vn

Reference: 

• Decree No. 158/2025/NĐ-CP 
• Labor law No. 45/2019/QH14