According to Clause 2, Article 65 of Decree 145/2020/ND-CP:
“The probation period is counted toward annual leave entitlement if the employee continues working for the employer after the probation period.”
Therefore, if the employee continues working after the probation period, that probation time is automatically considered as part of the period used to calculate annual leave days.
However, current regulations do not clearly specify whether the probation period counts toward annual leave entitlement if the employee does not continue working afterward. As such, whether an employee on probation is entitled to annual leave depends entirely on the agreement stated in the employment contract or in the employer’s internal regulations and policies. Accordingly:
– Case 1: If the probation contract or the employer clearly states “annual leave is not applicable during the probation period,” then the employee is not entitled to annual leave during this time.
– Case 2: If there is no specific provision from the employer on this matter, the employee may negotiate to take annual leave during the probation period.
