Probationary Public Employees: Appointment to Professional Titles and Duration of Probationary Period
When is a probationary public employee appointed to a professional title?
According to Article 24 of Decree 115/2020/ND-CP regarding the appointment to a professional title for probationary public employees after the probationary period, it states:
Appointment to a professional title for probationary public employees after the probationary period
1. Upon the conclusion of the probationary period, the probationary public employee must submit a written report on the probation results according to the provisions of Clause 3, Article 21 of this Decree; the probationary guide is responsible for giving written comments and evaluating the probation results of the probationary public employee. These documents are submitted to the head of the public service provider.
2. No later than 05 working days from the date of receiving the report from the probationary public employee and the comments, evaluations from the probationary guide, the head of the public service provider shall assess the political qualifications, ethics, and job performance of the probationary public employee. If the probationary public employee meets the requirements, the head of the public service provider shall decide within their authority or send a written request to the competent authority managing the public service provider to make the decision on appointing the professional title and setting salary for the recruited public employee.
Thus, upon the conclusion of the probationary period, the probationary public employee must submit a written report on the probation results; the probationary guide is responsible for giving written comments, and evaluating the probation results of the probationary public employee.
No later than 05 working days from the date of receiving the report from the probationary public employee and the comments, evaluations of the probationary guide, the head of the public service provider shall assess the political qualifications, ethics, and job performance of the probationary public employee.
If the probationary public employee meets the requirements, the head of the public service provider shall decide within their authority or send a written request to the competent authority managing the public service provider to make the decision on appointing the professional title and setting salary for the recruited public employee.
When is a probationary public employee appointed to a professional title?
Does a probationary public employee receive an allowance if their employment contract is terminated?
According to Article 25 of Decree 115/2020/ND-CP regarding the termination of employment contracts for probationary public employees, it states:
Termination of employment contracts for probationary public employees
1. A probationary public employee shall have their employment contract terminated and their recruitment decision nullified if they do not meet the requirements after the probationary period or commit acts deemed subject to disciplinary action as prescribed by law.
2. The head of the public service provider terminates the employment contract and reports to the competent authority or unit in charge of recruiting public employees to nullify the recruitment decision for the cases specified in Clause 1 of this Article.
3. A probationary public employee whose employment contract is terminated shall receive an allowance equivalent to 01 month's current salary, allowances, and travel expenses back to their place of residence from the public service provider.
Thus, a probationary public employee whose employment contract is terminated shall receive an allowance equivalent to 01 month's current salary, allowances, and travel expenses back to their place of residence from the public service provider.
What is the duration of the probationary period for public employees?
According to Clause 2, Article 21 of Decree 115/2020/ND-CP regarding the probationary policies for public employees, it states:
Probationary policies
1. Persons recruited into the public employee positions must undergo probationary periods to familiarize themselves with the working environment and gradually handle the job duties of the recruited position.
2. The probationary period is stipulated as follows:
a) 12 months for positions requiring university-level education. Specifically, for physician titles, the probationary period is 09 months;
b) 09 months for positions requiring college-level education;
c) 06 months for positions requiring intermediate-level education.
d) Maternity leave under the social insurance benefits, sick leave of 14 days or more, unpaid leave, detainment, custody, temporary suspension from work according to the law shall not be counted into the probationary period.
In cases where a probationary public employee calls in sick or has a justifiable reason for less than 14 days and is approved by the head of the public service provider where they are undergoing probationary policies, this time is counted into the probationary period.
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Thus, the probationary period for public employees is as follows:
- 12 months for positions requiring university-level education. Specifically, for physician titles, the probationary period is 09 months.
- 09 months for positions requiring college-level education.
- 06 months for positions requiring intermediate-level education.
- Maternity leave under social insurance benefits, sick leave of 14 days or more, unpaid leave, detainment, custody, temporary suspension from work according to the law shall not be counted into the probationary period.
In cases where a probationary public employee calls in sick or has a justifiable reason for less than 14 days and is approved by the head of the public service provider where they are undergoing probationary policies, this time is counted into the probationary period.
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