Mr. Nguyen Quoc Toan (HCMC) is a contract employee at company A since 2020. Company A invests in computers and provides teachers to teach Informatics to primary school B (public). Mr. Toan teaches at school B through a contract with company A, and has been insured by company A for more than 5 years.
Recently, Mr. Toan was recruited as a civil servant to Primary School C, who is an Informatics teacher. Mr. Toan asked, is he exempt from probationary regime?
Regarding this issue, the Ministry of Home Affairs said that Decree No. 85/2023/ND-CP stipulates that cases of recruitment into civil servants do not need to implement probationary regimes if they meet the following conditions:
a) Being assigned to work in accordance with the training major and in accordance with the expertise and nghiệp vụ of the work previously undertaken;
b) The time working on professional and nghiệp vụ work previously undertaken in accordance with the law, with compulsory social insurance contributions (if not continuous, it is accumulated), equal to or greater than the corresponding probationary period as prescribed in Clause 2 of this Article.
In case of meeting the conditions in point a but not enough time as prescribed in point b, the worked time is deducted from the probationary period as prescribed. For cases that do not have to implement the probationary regime, they are entitled to 100% of salary and allowances (if any). The head of a public service unit must send civil servants to participate in training courses to complete the standards and conditions of the professional title of civil servant before appointment".
In the case of Mr. Nguyen Quoc Toan, the Ministry of Home Affairs requests to implement according to the above regulations. In case of problems, it is requested that he contact local functional agencies for guidance on how to resolve them.
