On May 14, 2019, the Ministry of Home Affairs issued Circular 03/2019/TT-BNV with many notable regulations, including amendments and supplements to the regulations on the conclusion of labor contracts with recruited public employees.
To be specific, according to Clause 2, Article 3 of Circular 03/2019/TT-BNV amending and supplementing Article 11 of Circular 15/2012/TT-BNV stipulates that the successful candidate for the position of public employee shall sign a fixed-term employment contract according to Form No. 1 issued together with Circular 03/2019/TT-BNV. The head of the public service provider shall be responsible for signing the employment contract with the successful candidate.
For cases where officials are transferred to public employees as stipulated at Points d, dd, Clause 1, Article 58 of the Law on Public Employees, they are not allowed to sign fixed-term employment contracts.
For cases registering to apply for the position of public employee in the fields of culture, arts, physical training, and sports, if recruited, the candidate shall sign a fixed-term employment contract according to Form No. 2 issued together with Circular 03/2019/TT-BNV. In the event of a dispute, the successful candidate for the position of public employee who is under 18 years of age will have their legal representative resolve disputes related to the employment contract on their behalf.
The term of the employment contract is determined to be from 12 months to not more than 36 months, with the specific term decided by the head of the public service provider based on the needs and job positions.
See the detailed content at Circular 03/2019/TT-BNV, which takes effect from July 1, 2019.
Duy Thinh
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