16:35 | 21/08/2024

Is the probationary period of teachers included in the time used for consideration for salary increase in Vietnam?

Is the probationary period of teachers included in the time used for consideration for salary increase in Vietnam?

Is the probationary period of teachers included in the time used for consideration for salary increase in Vietnam?

Pursuant to Article 23 of Decree 115/2020/ND-CP amended by Clause 13 Article 1 of Decree 85/2023/ND-CP providing policies for probationary employees and probationary instructors as follows:

Regimes and policies for probationary employees and probationary instructors

1. During the probationary period, the probationary employee enjoys 85% of the salary rate of the first grade of the employed professional title.

In case the probationary employee has a degree higher than the required qualification for the job position, they are entitled to an additional salary grade for each higher level of education and will enjoy 85% of the salary coefficient of the arranged grade. Allowances are enjoyed as prescribed by law.

2. The probationary employee enjoys 100% of the salary and allowances of the professional title corresponding to the qualification stipulated in Clause 1 of this Article in the following cases:

a) Working in areas with extremely difficult socio-economic conditions;

b) Working in hazardous and dangerous industries and professions;

c) Completing military service; duties in the people's police; army officer, police officer, professional military personnel discharged from active duty, those doing cryptographic work shifting sectors, graduates of officer training programs, graduates of military command chief training from the district or commune level military command chief training programs who have been awarded reserve officer ranks, members of youth volunteers, and young intellectual volunteers participating in rural and mountainous development for 24 months or more, having fulfilled their tasks.

3. The probationary period is not counted towards the time for salary increment consideration.

4. The probationary instructor enjoys a responsibility allowance coefficient of 0.3 times the statutory pay rate during the probation period.

5. During the probationary period, the probationary instructor and the probationary employee are also entitled to other reward and welfare policies (if any) as prescribed by the State and the regulations of the public service provider.

Thus, the probationary period of teachers will not be counted towards salary increment consideration. This means that probationary teachers cannot use their probationary period as working time for salary increment consideration.

Does the probationary period of a teacher count towards salary increment consideration?

Is the probationary period of teachers included in the time used for consideration for salary increase in Vietnam? (Internet image)

What periods are not included in the probationary period of teachers in Vietnam?

Pursuant to Article 21 of Decree 115/2020/ND-CP stipulating the probationary regime as follows:

Probationary Regime

1. Individuals recruited into public employee positions must undergo a probationary period to acclimate to the working environment and practice tasks of the recruited position.

2. The probationary period is specified as follows:

a) 12 months for those recruited into professional titles requiring university-level training standards, except for doctors which is 9 months;

b) 9 months for those recruited into professional titles requiring college-level training standards;

c) 6 months for those recruited into professional titles requiring intermediate-level training standards.

d) Periods such as maternity leave under social insurance regulations, sick leave from 14 days or more, unpaid leave, periods of detention, temporary suspension, suspension from work as prescribed by law are not counted into the probationary period.

In cases where probationary employees take sick leave or have justifiable reasons for less than 14 days and are approved by the head of the public service provider, these periods are counted in the probationary period.

Thus, the following periods are not counted into the probationary period of teachers:

- Maternity leave under social insurance regulations, sick leave from 14 days or more;- Unpaid leave;- Periods of detention, temporary suspension, suspension from work as prescribed by law.

What standards must a probationary instructor meet during the probationary period of a teacher in Vietnam?

Pursuant to Article 22 of Decree 115/2020/ND-CP stipulating the probationary instruction as follows:

Probationary Instruction

  1. Public service providers are responsible for instructing probationary employees to grasp and practice the tasks according to the required contents of the probationary period stipulated in Clause 3 Article 21 of this Decree.

  2. No later than 5 working days from the date the public employee starts working, the head of the public service provider must issue a written decision appointing a public employee holding an equal or higher professional title, with capability and experience in professional activities to instruct the probationary employee.

Thus, a probationary instructor during the probationary period of teachers must meet the following standards:

- The teacher must hold an equal or higher professional title than the probationary teacher;- Must have capability;- Must have experience in professional activities.

When is the probationary period of a teacher terminated?

Pursuant to Article 25 of Decree 115/2020/ND-CP amended by Clause 14 Article 1 of Decree 85/2023/ND-CP stipulating the termination of the probationary period contract as follows:

Termination of the probationary period contract for probationary employees

1. The probationary employee shall have their probationary period contract terminated and the recruitment decision revoked if they do not meet the requirements after the probationary period or commit acts of professional ethics violations, professional activities violations to the extent of disciplinary action as prescribed by law.

2. The head of the public service provider shall terminate the probationary period contract and report to the competent recruiting authority to revoke the recruitment decision for the cases stated in Clause 1 of this Article.

3. A probationary employee whose probationary period contract is terminated shall be given a support allowance equivalent to 01 month’s current salary, allowances, and travel expenses to their place of residence by the public service provider.

4. Other cases as prescribed by law.

Thus, the probationary period of a teacher is terminated if the probationary teacher fails to meet the requirements after the probationary period or commits acts related to professional ethics violations, professional activities violations to the extent of disciplinary action as prescribed by law.

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