Mr. Hoang Van Quang (name changed) is a commune-level civil servant in charge of the culture and information sector.
According to Decree No. 33/2023/ND-CP of the Government regulating commune-level cadres, civil servants and non-professional workers, Mr. Quang is in charge of culture, arts, sports, tourism, health, education...
However, the People's Committee of the commune assigned him to be in charge of the fields of e-government construction, information technology and digital transformation.
Mr. Quang wondered if this was against Decree 33/2023 and against the job position he was assigned when recruited for the job position?
The District People's Committee and the Commune People's Committee regularly organize sports tournaments and cultural and artistic activities on holidays and Tet. Mr. Quang is a civil servant in charge of cultural and artistic activities and must organize and participate in tournaments and activities on Saturdays and Sundays.
"However, after each tournament and activity, I do not get compensatory time off, nor do I get overtime and other benefits. Is this correct?" - Mr. Quang reflected.
Regarding the reflection and recommendation of Mr. Hoang Van Quang, the Ministry of Home Affairs has responded on the Electronic Information Portal.
The Ministry of Home Affairs said that regarding the job position of cultural and social civil servants, Clause 6, Article 11 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government on commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups, has stipulated the specific tasks of cultural and social civil servants, including the task of assisting the People's Committee at the commune level in organizing information and communication activities (related to the fields of e-government construction, information technology and digital transformation).
At the same time, Point d, Clause 6, Article 11 stipulates that cultural and social civil servants perform other tasks assigned by the Chairman of the People's Committee at the commune level and relevant legal regulations.
Thus, the assignment of the Commune People's Committee as proposed by him above is not contrary to the provisions of Decree No. 33/2023/ND-CP of the Government.
Regarding overtime regime on holidays and Tet: Because the settlement of policies for commune-level civil servants is under the authority of the locality and the above petition does not have enough specific information to respond.
Therefore, based on the provisions of the 2019 Labor Code, Decree No. 33/2023/NDCP of the Government and related legal documents, the Ministry of Home Affairs recommends that you contact the local competent authority for clarification.
