What are the expected conditions for signing an employment contract to perform professional expertise jobs in 2022? Who is eligible to sign the contract in Vietnam?
In what case is the employment contract to perform professional expertise jobs signed in Vietnam?
According to Article 8 of the Draft Decree on contracts for some jobs in administrative agencies and public non-business units, contracts for performing professional expertise jobs shall be signed in the following cases:
- Public non-business units have the autonomy to make recurrent and investment expenditures, while public non-business units have the autonomy to regularly spend their own money to sign labor contracts in accordance with the law on labor to do professional expertise jobs.
- Public non-business units with partial autonomy in recurrent expenditure may sign labor contracts with a definite term, a maximum of 2 times according to the provisions of the labor law. At the end of the second contract term, the public non-business unit must recruit; do not sign contracts with new employees to perform the same type of work if recruitment is not performed.
- Public non-business units with operation funds guaranteed by the State shall sign labor contracts of under 12 months to perform the work of public employees who are on maternity leave, job severance or retirement during the year but have not yet recruited.
Thus, signing the contract for performing professional expertise jobs shall depend on the financial autonomy of the public non-business unit.
What are the conditions for signing an employment contract to perform professional expertise jobs in Vietnam?
According to Article 11 of the Draft Decree on contracts for some jobs in administrative agencies and public non-business units, the conditions for the conditions for signing an employment contract to perform professional expertise jobs are as follows:
"Article 11. The conditions for signing an employment contract to perform professional expertise jobs
1. For a public non-business unit specified in Clauses 1 and 2, Article 8 of this Decree, there must be a need to sign a contract. enter into a contract and ensure that the signing of a labor contract does not affect the level of autonomy of the enterprise
2. For public non-business units whose operation funds are guaranteed by the State, they must fully satisfy the following conditions:
a) The conclusion of a labor contract to perform professional work must be based on the job position, the structure of public employees by professional title and the number of employees determined in accordance with the law in the unit
b) The revenue from non-business activities other than the state budget is sufficient to ensure stable employment and salary and income in accordance with the provisions of law.
c) The welfare fund of the unit is sufficient to pay for the regimes and policies for the number of labor contracts to perform professional jobs.
3. The employees must fully satisfy the criteria and conditions prescribed in Clause 1, Article 7 of this Decree and the criteria and conditions of the working positions and professional titles under the provisions of Law."
Therefore, a public non-business unit fully satisfying the above conditions may sign the employment contract to perform professional expertise jobs.
Who is eligible to sign the employment contract to perform professional expertise jobs?
According to Article 10 of the Draft Decree on contracts for some jobs in administrative agencies and public non-business units, the authority to sign the employment contract to perform professional expertise jobs is regulated in Article 10 of the Decree as follows:
- For public non-business units that are autonomous in investment and recurrent expenditures and public non-business units that are autonomous in recurrent expenditures: The head of the public non-business unit or a person decentralized or authorized to sign labor contracts to perform professional and professional jobs.
- For public non-business units with partial autonomy in recurrent expenditures: The head of the public non-business unit or the person assigned or authorized to sign a labor contract to perform professional work.
- For public non-business units whose recurrent expenditures are guaranteed by the State: The head of the public non-business unit shall sign a contract for number 6 which is still lacking compared to the payroll assigned by the competent authority according to regulations. under the law.
Details of the draft Decree on contracts for some jobs in administrative agencies and public non-business units: here.
The above contents is our summary of the employment contract to perform professional expertise jobs. Best regards!
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