Is it permissible to transfer an official under probation to work in another department?
Is it permissible to transfer an official during their probationary period to work in another department?
Article 20 of Decree 138/2020/ND-CP stipulates the probationary policies for officials as follows:
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- Probationary policies are not applied to individuals who have been working and contributing to mandatory social insurance according to the provisions of the Social Insurance Law, assigned to work according to the exact trained specialties or previous professional expertise, where the working time contributing to mandatory social insurance (if intermittent, it will be accumulated) is equal to or greater than the corresponding probationary period specified for the recruitment grade as stated in Clause 2 of this Article. For cases where probationary policies are not implemented, the head of the agency managing and utilizing the official must assign them to attend a state management training course to complete the standards and conditions of the official grade before appointment.
6. It is not permissible to transfer, assign, or allocate work to the newly recruited person during their probationary period to a different job position than the one they were recruited for, within the same agency or organization, or to another agency, organization, or unit.
Based on the current regulations, if you have been assigned to the archival department but transferred to the judicial-civil status department, it is against the provisions of the law.
How long does it take to assign a mentor to a probationary official?
Article 21 of Decree 138/2020/ND-CP stipulates the guidance for probationary officials as follows:
The agency utilizing the official has the responsibility to:
- Guide the probationary official to master and practice the tasks according to the probationary content requirements stipulated in Clause 3, Article 20 of this Decree.
2. No later than 05 working days from the date the official starts work, the head of the utilizing agency must assign an official of the same grade or higher grade, with the necessary capacity and experience in professional expertise, to guide the probationary official.
No later than 05 working days from the date the official starts work, a mentor must be assigned to the probationary official.
Respectfully!
