What are the cases ineligible to be considered for the title of Advanced Laborer in the health sector as of February 15, 2024 in Vietnam? - Minh Thu (Lam Dong)
Cases ineligible to be considered for the title of Advanced Laborer in the health sector as of February 15, 2024 in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 3 of Article 4 of Thông tư 25/2023/TT-BYT, the title "Advanced Laborer" will not be considered for individuals falling into one of the following cases:
- Have a recruitment period or are under a labor contract of less than 09 months;
- Leave from work according to the provisions of the law during the year, from 03 months to less than 6 months.
Except for individuals taking maternity leave as prescribed by law; individuals who take actions to save people or property; individuals serving in combat; individuals performing duties or tasks who are injured; individuals participating in epidemic prevention, medical examination, and treatment who are infected with diseases requiring treatment or nursing according to the conclusions of medical examination and treatment facilities at the district level or higher; the period of maternity leave, treatment leave, and nursing leave is calculated as a basis for review;
- Individuals who are in the process of considering disciplinary action or investigating, inspecting, and checking when there are signs of violating the law or have letters, complaints, and denunciations that are being verified and clarified.
According to Clause 1, Article 4 of Circular 25/2023/TT-BYT, the title "Advanced Laborer" is considered and awarded to individuals who meet the standards prescribed in Clause 1, Article 24 of the Law on Emulation and Commendation, as follows:
- Complete the task well or better;
- Have the spirit of self-reliance, solidarity, and mutual support, and actively participate in the emulation movement.
Individuals in agencies, organizations, and units under their management authority are considered for the title of "Advanced Laborer", specifically:
- Individuals who have been performing labor contracts with a term of 01 year or more are considered for the title of "Advanced Laborer";
- Individuals who attend short-term training or retraining for less than 01 year and comply well with the regulations of the training and retraining facility will be combined with their working time at the agency or organization for review;
- Individuals assigned to participate in training and retraining for 01 year or more and comply well with the regulations of the training and retraining facility; with good or better academic results (if at the time of consideration there are grading results), then the time spent studying will be counted for consideration;
- For individuals who change jobs during the year of award consideration: the review team for that individual is responsible for asking for comments from the unit before transferring jobs if the individual has worked in that unit for 6 months or more;
- For individuals who take maternity leave according to the provisions of law; individuals who take actions to save people or property, individuals serving in combat, individuals performing duties or tasks who are injured, individuals participating in epidemic prevention, medical examination, and treatment who are infected with diseases requiring treatment or nursing according to the conclusions of medical examination and treatment facilities at the district level or higher, the period of maternity leave, treatment, and nursing leave is calculated as a basis for review;
- If an individual is mobilized or seconded to another agency or unit, the evaluation for the title of "Advanced Laborer" will be carried out by the dispatching or secondment agency or unit. Agencies and units receiving mobilized and seconded individuals are responsible for providing comments on compliance with the Party's guidelines, policies, and laws of the State; internal rules and regulations of the agency; and performing assigned tasks during the period of mobilization or secondment.
(Clause 2 of Article 4 of Circular 25/2023/TT-BYT)
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