Bình luận Án lệ số 20/2018/Al: Xác lập quan hệ hợp đồng lao động sau khi hết thời gian thử việc

This commentary analyzes Precedent No. 20/2018/AL on establishing labor contracts after the probationary period. The precedent addresses a legal gap in the Labor Codes of 2012 and 2019, where employers fail to notify probation results, yet employees continue working. Basing on the theory of implied consent and the labor nature of probationary relationships, the precedent recognizes the formation of a formal labor contract in such cases. The article clarifies the conditions for applying the precedent, including the existence of a probationary contract, the end of the probation period, and the employee’s continued work without new agreements. The precedent remains applicable to labor disputes under the 2019 Labor Code, protecting employees’ rights and promoting employers’ accountability in transparently concluding labor contracts.