Ms. Pham Nguyen Thu Thuy (Dong Nai) shared that Ms. P is a civil servant in the Finance - Accounting department of the commune; after reviewing, Ms. P is eligible and meets the conditions for job transfer according to regulations.
However, Ms. P stated that she was raising a child under 36 months old. "So, is Ms. P allowed to change her job position according to regulations?" - Ms. Thuy wondered.
Regarding the reflection and recommendation of Ms. Pham Nguyen Thu Thuy, the Ministry of Home Affairs said: Article 38 of Decree No. 59/2019/ND-CP dated July 1, 2019 of the Government detailing a number of articles implementing the Law on Anti-Corruption has specifically stipulated cases where job position transfer has not been implemented, including the following provisions: Women who are pregnant or raising children under 36 months old...
The transfer of job positions of commune-level officials and civil servants is under the authority of the locality.
Therefore, based on the personal records and regulations in Decree No. 59/2019/ND-CP mentioned above along with related legal documents, the Ministry of Home Affairs recommends that Ms. Thuy contact the local competent authority for guidance in accordance with current legal regulations.
