Ms. Phuong Thanh Loan (Lang Son) worked as a secondary school teacher in Cao Loc district, Lang Son province from 2000 to July 2012. During her time as a teacher, she received a decision from the Chairman of the Cao Loc District People’s Committee to attend a law university class.
In 2012, she applied to change her major to the field of Justice - Civil Status in Cao Loc district. On August 13, 2012, she received a decision to recruit Justice and Civil Status officers at the People's Committee of Dong Dang town.
However, after that, Ms. Loan said that her salary according to the civil servant recruitment decision dated August 13, 2013 of the People's Committee of Cao Loc District and the adjustment decision of the District People's Committee was not in accordance with the provisions of law. The law does not ensure the rights of workers.
So Ms. Loan hopes to have the Ministry of Home Affairs answer some of the following questions:
1. The People's Committee of Cao Loc district's application of Clause 2, Article 19 of Circular No. 06/2012/TT-BNV dated October 30, 2012 of the Ministry of Home Affairs on her salary classification is correct or incorrect while the time of issuance of the Decision recruitment No. 854/QD-UBND-NS dated August 14, 2012 on the recruitment of commune-level civil servants. Does it mean the Circular 06/2012/TT-BNV has not taken effect yet?
2. In the case of her salary ranking when she was recruited as a commune-level civil servant in August 2012 (having worked for 12 years with compulsory social insurance payment and not yet received a one-time social insurance benefit, the Arrangement of the correct training major (University of Law) is applied according to the provisions of which document? Specific instructions on salary arrangement to ensure her benefits according to regulations.
Regarding Ms. Phuong Thanh Loan's feedback and recommendations, the response of the Ministry of Home Affairs has been sent to the Electronic Information Portal.
According to the Ministry of Home Affairs, the salary ranking for commune-level civil servants recruited in August 2012 is applied according to the provisions of Clause 2, Article 5 of Decree No. 92/2009/NDCP; Article 3 Joint Circular No. 03/2010/TTLT-BNV-BTC-BLĐTB&XH dated May 27, 2010.
Salary arrangements for those who have worked for a period of time and paid compulsory social insurance when recruited as commune-level civil servants are as prescribed in Article 19 of Circular No. 06/2012/TT-BNV dated October 30, 2012 of the Minister of Home Affairs is applicable from December 15, 2012 (the effective date of this Circular).
Clause 5, Section II, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs. Accordingly, it applies to cases where commune-level civil servants transfer to jobs and are appointed to ranks; or cadres, civil servants, and public employees who transfer ranks and are appointed to new ranks.
Thus, Clause 5, Section II, Section III of Circular No. 79/2005/TT-BNV does not apply to cases of salary change when recruiting as commune-level civil servants.
"Based on the above regulations, in order to receive a specific answer, Ms. Phuong Thanh Loan is requested to send a petition to the Chairman of the District People's Committee where she works for consideration and response according to her authority" - Ministry of Home Affairs service said.
