Relevant content concerning employment contracts is stipulated in Decree 115/2020/ND-CP of the Government on recruitment, use, and management of public employees, issued on September 25, 2020.
Contents related to employment contracts that Vietnamese public employees need to pay attention to (Image from the Internet)
Pursuant to Article 20 of Decree 115/2020/NĐ-CP, the content related to public employee employment contracts includes:
Employment contracts are to be signed in writing between the public employee or the prospective public employee and the head of the public service unit. In the case where the public employee is the head of the public service unit, the managing authority of the public service unit will sign the employment contract.
Public employees recruited before July 1, 2020, who are currently on a fixed-term employment contract, will continue to execute the signed contract, even if the public employee transfers to another public service unit according to clause 4 of this Article. After the conclusion of the signed contract, if the public employee meets all legal requirements, they will be eligible for a non-fixed-term contract.
During the execution of the employment contract, if there are changes in the contract’s content, the public employee or prospective public employee must negotiate with the head of the public service unit regarding these changes. This will be done either through an appendix to the existing contract or through signing a new contract with the changed content.
If a public employee is approved by the competent authority to transfer to another public service unit, there will be no requirement for new recruitment nor resolution of severance but the public employee must sign a new employment contract with the head of the new public service unit or the managing authority of the new public service unit. Concurrently, the salary regime suitable for the public employee will be implemented based on the type of employment contract they held before transferring, their abilities, educational background, work experience, salary increments, and the duration of their mandatory social insurance contributions.
See details at Decree 115/2020/NĐ-CP, effective from September 29, 2020.
Thùy Trâm
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