According to Ms. Nguyen Thi Le (name changed), the Social Fund was established by the Provincial People's Committee and its Charter was recognized according to Decree 93/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charity funds.
Ms. Le wondered, based on Article 80 of the Law on Emulation and Commendation 2022, does the Fund Director have the authority to decide to recognize emulation titles such as: "Advanced Labor Collective", "Advanced Labor", "Basic Emulation Fighter"?
If an employee has an indefinite-term labor contract, has an actual working time of 4 months in 1 year and takes 6 months of maternity leave, is he/she eligible for the title of "Advanced Worker"?
The Ministry of Home Affairs has responded to Ms. Nguyen Thi Le's question on the Electronic Information Portal.
The Ministry of Home Affairs said that Clause 1, Article 80 of the Law on Emulation and Commendation stipulates: "Heads of agencies, organizations, and units with legal status under ministries, departments, branches, heads of specialized agencies under provincial People's Committees and equivalent decide to award the titles of "Advanced Labor Collective", "Advanced Labor", "Emulation Fighter at the grassroots level" and "Certificate of Merit".
Based on the above regulations, the Director of the Social Fund does not have the authority to decide to recognize emulation titles such as: "Advanced Labor Collective", "Advanced Labor", "Basic Emulation Fighter".
However, in addition to the forms of rewards and emulation titles prescribed in the Law on Emulation and Commendation, the Director of the Social Fund may implement other forms of rewards to encourage individuals and collectives with achievements to promptly set examples in labor, production, work and encourage emulation movements according to the provisions of Clause 1, Article 81 of the Law on Emulation and Commendation.
Pursuant to Clause 5, Article 4 of Decree No. 98/2023/ND-CP dated December 31, 2023 of the Government detailing the implementation of a number of articles of the Law on Emulation and Commendation, the maternity leave period for individuals as prescribed is calculated to consider awarding emulation titles and forms of commendation.
Clause 4, Article 24 of the Law on Emulation and Commendation stipulates: "Ministries, departments, branches and provinces, within the scope of their tasks and powers, shall specify and provide specific guidance on the criteria for awarding the titles of "Advanced Worker" and "Advanced Soldier" to individuals in agencies, organizations and units under their management authority."
Therefore, the Ministry of Home Affairs requested Ms. Nguyen Thi Le to study the regulations on criteria for awarding the titles of "Advanced Worker" and "Advanced Soldier" of the People's Committee of Quang Binh province to implement according to the regulations for each specific case.
