Mr. Nguyen Van Binh (name of the character has been changed) said that he used to be a non-specialized worker at the commune level and had been dismissed according to Decree 154/ND-CP.
Currently, he signed a labor contract under Decree 111/2022/ND-CP with the People's Committee of a (new) commune, holding the position of driver.
Mr. Binh wondered, in his case, is he eligible to apply the provisions of point a, clause 2, Article 8 of Decree No. 111/2022/ND-CP.
Is the salary calculated according to the salary scale of cadres and civil servants with a coefficient of 2.05 base salary/month? or is it necessary to sign a contract in the form of salary agreement" - Mr. Binh wondered.
He also requested competent authorities to consider and respond soon so that he can be clear and implement the regulations correctly.
Regarding Mr. Binh's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Accordingly, the signing of contracts is regulated in Article 6 of Decree No. 111/2022/ND-CP dated December 30, 2022 of the Government.
The rights of employees are implemented according to the provisions of Clause 2, Article 8 of Decree No. 111/2022/ND-CP dated December 30, 2022 of the Government.
Accordingly, employees performing supporting and serving jobs specified in Clause 1, Article 4 of this Decree are entitled to salaries and other benefits as agreed in the labor contract.
Salary in labor contracts applies one of two forms: Applying salary levels according to agreements in accordance with the provisions of labor law or applying salary according to the salary scale of civil servants and public employees in accordance with the budget capacity of agencies, organizations, and units.
In case of agreement to apply salaries according to the salary scale of civil servants and public employees, the types of allowances enjoyed (if any) are included in the salary;
Salary grade promotion regimes and other regimes and policies related to salaries are implemented such as civil servants and public employees;
Based on the provisions of Article 7 of Decree No. 111/2022/ND-CP, the Ministry of Home Affairs requests Mr. Binh to exchange with the management agency where he works for guidance and resolution.
