Employment Contract for Public Employees: New Regulations Effective from July 01, 2019

16:42, 10/07/2024

Recently, the Ministry of Home Affairs issued Circular 03/2019/TT-BNV amending and supplementing a number of regulations on the recruitment of officials and public employees, promotion of officials, and advancement of professional titles of public employees. One notable content in this Circular is the changes in regulations on the termination of labor contracts when public employees transfer their jobs.

Illustrative photo

To be specific, according to the content in Clause 4, Article 3 of Circular 03/2019/TT-BNV amending and supplementing Article 14 of Circular 15/2012/TT-BNV, when a public employee transfers to another agency or unit, they must terminate their working contract with the current public service provider and be resolved the policies according to the provisions of the law.

In the case that the public employee is approved by the competent authority to transfer to another public service provider, there will be no new recruitment and no resolution of resignation policies (this is a new content added in Circular 03/2019/TT-BNV compared to the current regulations in Circular 15/2012/TT-BNV).

According to the content in Clause 2, Clause 3, Article 3 of Circular 03/2019/TT-BNV amending and supplementing Article 11, Article 12 of Circular 15/2012/TT-BNV, there are 2 types of working contracts applicable to public employees: fixed-term working contracts and indefinite-term working contracts. Specifically:

- Fixed-term working contracts are signed between the head of the public service provider and the successful candidate for public employment, except for the cases at Points d, dd, Clause 1, Article 58 of Law on Public Officials 2010.

Based on the job needs, the requirements of the work position, and the professional title being recruited, the head of the public service provider decides the specific duration to sign the fixed-term contract from 12 months or more but not exceeding 36 months.

- Indefinite-term working contracts are signed between the head of the public service provider and the person who has completed the fixed-term contract stipulated in Clause 2, Clause 3, Article 18 of Decree 29/2012/ND-CP as amended and supplemented by Clause 10 of Decree 161/2018/ND-CP or in the case that officials transfer to public employees according to the provisions at Points d, dd, Clause 1, Article 58 of the Law on Public Officials.

- Nguyen Trinh -

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn