Under which circumstance is a preschool teacher in Vietnam exempt from probation?

Under which circumstance is a preschool teacher in Vietnam exempt from probation?

Based on Article 21 of Decree 115/2020/ND-CP (amended by Clause 12 Article 1 of Decree 85/2023/ND-CP), the probation policies for teachers are as follows:

Probation Policies

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2. The probationary period is regulated as follows:

a) 12 months for recruitment into professional titles requiring university-level qualifications. Particularly for the professional title of a doctor, it is 09 months;

b) 09 months for recruitment into professional titles requiring college-level qualifications;

c) 06 months for recruitment into professional titles requiring intermediate-level qualifications.

d) The time of maternity leave according to social insurance benefits, sick leave of 14 days or more, unpaid leave, detention, custody, temporary job suspension as prescribed by law are not counted in the probation period.

If the probationary person has sick leave or valid reasons for less than 14 days, and it is approved by the head of the public service provider where the person is recruited for probation, this time is counted in the probation period.

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5. The cases recruited into public employee positions are exempt from probation if fulfilling the following conditions:

a) Assigned to work according to the specialty trained and the professional tasks previously undertaken;

b) The period of previous professional work, compliant with legal regulations, with mandatory social insurance contributions (if not continuous, it can be accumulated), is equal to or exceeds the corresponding probation period stipulated in Clause 2 of this Article.

If the condition at point a is met but the required time at point b is not, the previous working time will be deducted from the probation period as regulated.

For cases exempt from probation policies, they receive 100% salary and allowances (if any). The head of the public service provider must assign the public employee to participate in training courses to meet the standards and conditions of the professional title before appointment.

Thus, according to the regulations on probation policies for teachers, preschool teachers are exempt from probation in the following cases:

- Assigned to work according to the specialty trained and the professional tasks previously undertaken;

- The period of previous professional work, compliant with legal regulations, with mandatory social insurance contributions (if not continuous, it can be accumulated), is equal to or exceeds the corresponding probation period stipulated.

For cases exempt from probation policies, they receive 100% salary and allowances (if any). The head of the public service provider must assign the preschool teachers to participate in training courses to meet the standards and conditions of the professional title before appointment.

Under which circumstance is a preschool teacher in Vietnam exempt from probation? (Image from the Internet)

During the probation period, how much percentage of the salary do preschool teachers in Vietnam receive?

Based on Article 23 of Decree 115/2020/ND-CP (amended by Clause 13 Article 1 of Decree 85/2023/ND-CP), the policies for probationers and probation instructors are as follows:

Policies for probationers and probation instructors

1. During the probation period, the probationer receives 85% of the salary of step 1 of the recruited professional title.

If the probationer has a higher degree than the required qualification for the recruited position, each higher level of qualification adds one salary step, and they receive 85% of the salary coefficient at the assigned step. Allowances are received according to legal regulations.

2. Probationers receive 100% of the salary and allowances of the professional title corresponding to the prescribed training level in the following cases:

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

b) Working in hazardous, dangerous industries and occupations;

c) Completed military service; police service; military officers, police officers, professional soldiers discharged, cryptographic workers changing field, graduates trained as reserve officers, graduates trained as chief commanders of the commune military command with the rank of reserve officer, volunteer youth team members, and young intellectual volunteers participating in rural, mountainous development for 24 months or more who have completed their tasks.

3. The probation period is not counted in the time for salary step increase consideration.

4. Probation instructors receive a responsibility allowance coefficient of 0.3 statutory pay rate during the probation guidance period.

5. During the probation period, probation instructors and probationers also receive other reward and welfare policies (if any) according to state regulations and the public service provider's regulations.

Thus, during the probation period, preschool teachers receive 85% of the salary of step 1 of the recruited professional title.

If the probationer has a higher degree than the required qualification for the recruited position, each higher level of qualification adds one salary step, and they receive 85% of the salary coefficient at the assigned step. Allowances are received according to legal regulations.

Additionally, preschool teachers working in areas with particularly difficult socio-economic conditions receive 100% of the salary and allowances of the professional title corresponding to their training level.

When can preschool teachers on probation in Vietnam have their employment contracts terminated?

According to Article 25 of Decree 115/2020/ND-CP (amended and supplemented by Clause 14 Article 1 of Decree 85/2023/ND-CP), preschool teachers on probation have their employment contracts terminated if they do not meet the requirements after the probation period or commit violations related to professional ethics or activities to the extent that disciplinary action needs to be considered according to the law.