Ms. Nguyen Thi Thanh Huyen said that her school has many teachers and accountants who have signed unspecified labor contracts within the staff quota, working time from 9 years or more, fully performing professional tasks, and continuously paying insurance. Recently, the Department of Education and Training requested to transfer the above cases to labor contracts according to Decree No. 111/2022/ND-CP.
Ms. Huyen asked: "Is the request to transfer all of the above cases to contracts according to Decree No. 111/2022/ND-CP correct or wrong? If the transfer to contracts according to Decree No. 111/2022/ND-CP is in accordance with regulations, will the new salary level of these cases be maintained according to the current salary level, or must it return to the starting level corresponding to the job position (for example, grade 1, coefficient 2.34 for grade III teachers)?
If the transfer to contracts according to Decree No. 111/2022/ND-CP is not in accordance with regulations, are these cases eligible for consideration for recruitment as civil servants according to Decree No. 85/2023/ND-CP, or will they continue contracts for no duration as they are now?".
Regarding this question, the Ministry of Home Affairs said that Clause 5, Article 13 of Decree No. 111/2022/ND-CP stipulates that people who sign labor contracts to work in professional and non-professional fields according to the provisions of Resolution No. 102/NQ-CP dated July 3, 2020 of the Government on solutions for education and healthcare payroll, continue to perform work until the expiration of the contract term and are prioritized to sign labor contracts to work in professional and non-professional fields according to the provisions of this Decree if the parties still have needs, salaries in labor contracts apply one of two forms: applying the agreed salary level in accordance with the provisions of labor law or applying the salary according to the salary scale of civil servants and public employees in accordance with the budget capacity of agencies, organizations, and units.
At the same time, Clause 5, Article 3 of Decree No. 111/2022/ND-CP stipulates that every year, public non-business units are responsible for reviewing to recruit the number of employees receiving salaries from the state budget assigned by competent authorities not to use the form of contract signing specified in this Decree to replace the recruitment of civil servants and public employees.
Decree No. 85/2023/ND-CP amending and supplementing a number of articles of Decree No. 115/2020/ND-CP stipulates:
Based on the conditions for registering for civil servant recruitment and according to the requirements of the job position to be recruited, the head of the competent recruitment agency shall decide to admit civil servants for cases that meet the standards and conditions of the job position, specifically as follows:
Persons with 5 years of service or more who are doing professional and nghiep vu work suitable for the work in the expected job position at the agency, organization, or unit established according to the provisions of law. The working time specified in this point is the time of professional and nghiep vu work suitable for the work in the expected job position in accordance with the provisions of law, with compulsory social insurance contributions, not including probationary time as prescribed in Article 21 of this Decree...".
Therefore, the Ministry of Home Affairs, Ms. Nguyen Thi Thanh Huyen, contacted functional agencies in the locality for guidance and implementation according to regulations.
