Reader N.T. L in Lam Dong reflected that in 2011, she was recruited as an accountant under a contract to wait for the civil servant recruitment exam, but has not yet been recruited.
Reader L expressed concern that according to the calculation method of the new circular on salaries, contract employees from 2011 are also considered unselected contracts.
Therefore, is the salary coefficient of 2.34 correct? Does this cause disadvantage for employees who have worked for many years but have not been recruited as public employees?
Readers mentioned Circular No. 49/2024/TT-BTC dated July 16, 2024 guiding the development of the state budget estimate for 2025 and the financial - state budget plan for 3 years 2025–2027.
The Circular stipulates the determination of the salary fund of ranks and grades; salary allowances; contributions according to regulations according to the staffing targets assigned in 2025 and the basic salary level according to Decree No. 73/2024/ND-CP dated June 30, 2024 of the Government (calculated for 12 months) guaranteed by the state budget.
Including the salary fund of the actual payroll available as of July 1, 2024, determined based on the salary level according to ranks, grades, positions; salary allowances and contributions according to regulations; and the salary fund of the unselected payroll (but still within the total assigned payroll), calculated based on the base salary in 2024 and the salary grade 1 coefficient of civil servant type A1, salary allowances and contributions according to regulations.
The Circular also stipulates that the salary fund of the actual payroll number present as of July 1, 2025 is determined based on the salary level according to rank, grade, position; salary allowances and contributions according to regulations; and the salary fund of the unselected payroll in the total assigned payroll, calculated based on the base salary and salary coefficient of grade 1 of civil servant type A1, salary allowances and contributions according to regulations.
Thus, are contract employees from 2011 considered unselected contracts to be used as a basis for allocating funds according to the coefficient of 2.34? Does this cause disadvantage to long-term employees who have not been recruited?
The Ministry of Finance answers as follows:
On December 30, 2022, the Government issued Decree No. 111/2022/ND-CP on contracts for some types of jobs in administrative agencies and public non-business units.
Clause 5, Article 3 stipulates: "People working under labor contracts in administrative agencies and public non-business units that are not staffed, the number of people working and receiving salaries from the state budget is approved by competent authorities.
Every year, public non-business units are responsible for reviewing to recruit the number of employees receiving salaries from the state budget assigned by competent authorities; do not use the form of contract signing specified in this Decree to replace the recruitment of civil servants and public employees".
Point b, Clause 2, Article 10 stipulates: "For public non-business units: Paying salaries, implementing other regimes and policies for employees according to agreement or payment according to service contracts, ensuring compliance with the provisions of labor law and other relevant laws".
At the same time, point d, clause 1, Article 12 stipulates for labor contracts performing professional and nghiệp vụ (professional) tasks at group 4 units (except for group 4 units in the fields of education and health): Contract implementation costs are allocated from the regular expenditure fund according to the provisions of law on the financial autonomy mechanism of public non-business units.
Thus, the payment of salaries to individuals is carried out according to an agreement between individuals and public non-business units.
