Are probation, training agreements, and commitments legally enforceable?

Probation agreements, training agreements, and binding commitments are increasingly used by enterprises. However, are these agreements truly legally enforceable? In which cases are they invalid, and when are employees entitled to refuse performance? What should businesses do to avoid labor disputes and losses related to training costs?

Probation, training, and commitment agreements – proper understanding to avoid legal risks

During recruitment and employment, employers often sign various documents with employees, such as probation agreements, vocational training contracts, post-training work commitments, and non-compete agreements. However, not all of these documents have the same legal validity.

Many disputes arise not because employers lack good faith, but because they misunderstand the legal nature of these agreements, leading to incorrect application of labor regulations.

Is a probation agreement considered a labor contract?

Under current labor laws, a probation agreement is not required to be a separate contract. It may be included in the labor contract or executed as an independent written agreement.

However, regardless of its form, a probation agreement is only legally valid if:

• Its contents do not violate the Labor Code

• The probation period complies with statutory limits

• The probationary salary is at least 85% of the official salary

In practice, many employers include clauses such as:

• Monetary penalties if the employee resigns during probation

• Compensation for recruitment costs

• Extension of the probation period beyond the legal limit

Such clauses are often declared invalid in disputes, causing employers to lose their legal advantage entirely.

Can employees resign during the probation period?

The answer is yes, and this often surprises employers.

The law allows both employees and employers to terminate probation without prior notice, unless otherwise lawfully agreed.

This means:

• Employers cannot impose penalties on employees for resigning during probation

• Any binding commitments during probation must be carefully reviewed for legal validity

If probation agreements are used as a “retention tool,” legal risks can be significant.

Training agreements and work commitments – when can reimbursement be claimed?

Unlike probation, vocational training agreements are among the few cases where the law allows employers to request reimbursement of training costs if commitments are breached.

However, the conditions for enforcement are very strict.

What are the requirements for a valid training agreement?

To be legally enforceable, a training agreement must:

• Be made in a separate written document or clearly stipulated in the contract

• Clearly specify training costs (tuition, materials, salary during training, etc.)

• Define the committed working period after training

• Include a reimbursement mechanism corresponding to the unfulfilled commitment period

Many employers merely state that “the employee must compensate training costs if resigning early” without proving actual expenses. In such cases, the chance of winning a dispute is almost zero.

Are post-training work commitments always binding?

The answer is no.

Such commitments are protected by law only when:

• The training is genuine vocational or skill-enhancement training

• Training costs are real and reasonable

• The employee’s resignation does not fall under legally permitted cases (e.g., employer’s breach of obligations)

If an employee resigns due to:

• Late or unpaid wages

• Working conditions not as agreed

• Being forced to sign unlawful commitments

Then the employer has no right to claim reimbursement, even if a commitment was signed.

Legal solutions to effectively protect business interests

From experience in advising and resolving labor disputes, DEDICA finds that drafting agreements correctly from the outset is far less costly than litigation later.

What should enterprises do to ensure enforceability?

Enterprises should:

• Clearly distinguish probation, training, and labor contracts

• Avoid abusing commitments to “retain” employees

• Draft detailed training agreements with proper cost documentation

• Review all current labor contracts and agreements

A single incorrect commitment template may result in:

• Loss of hundreds of millions of VND in training costs

• Prolonged labor disputes

• Damage to reputation and internal operations

The role of corporate lawyers in risk prevention

Instead of handling disputes after they arise, many enterprises now choose ongoing legal advisory services or outsourced legal departments to:

• Control risks from the very first contract

• Standardize all labor-related documentation

• Receive timely advice when employees resign or breach commitments

DEDICA Law has accompanied many enterprises in:

• Drafting legally compliant probation, training, and commitment agreements

• Advising on strategies for handling employee violations

• Representing clients in labor dispute resolution before courts and authorities

Are you facing similar issues?

Have you signed agreements but are unsure of their legal validity?
Have employees resigned, leaving your company unable to recover training costs?

Contact DEDICA Law for tailored legal strategies that best protect your interests.

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