Admitting civil servants and public employees with reserved working time
The Ministry of Home Affairs has responded to the reservation of working time for civil servants when they are accepted into civil service according to regulations.
Ms. Nguyen Thi Tam (character's name has been changed) said that she has questions about the procedures and processes for transferring from civil servant to public employee in a specific case.
According to the presentation, civil servant A was recruited in 2019, currently holding the position of specialist at Department B, holding a job position that does not directly teach but has the task of advising on the issuance and implementation of policies.
After that, this civil servant participated in the lecturer recruitment at a university according to the regular recruitment process and was admitted. The accepted position is lecturer of policy analysis.
From the above reality, she suggested that the Ministry of Home Affairs provide guidance to clarify whether civil servant A must voluntarily resign from work at Department B to work as a free candidate and sign a new work contract from the beginning; or can carry out procedures to transfer from civil servant to public employee to retain the rights and existing work achievements.
Regarding Ms. Tam's reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.
The Ministry of Home Affairs said that Point 5, Clause 7, Article 1 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP) stipulates: "In case a person is recruited or accepted as a civil servant according to the provisions of this Decree and has previously worked for a period of time in accordance with the provisions of law, and has paid compulsory social insurance (if not continuous but has not received a one-time social insurance allowance, it will be accumulated), that period will be counted as a basis for salary classification according to the professional title in accordance with the recruited or accepted job position if meeting all the prescribed conditions".
Therefore, the Ministry of Home Affairs recommends that you study the above regulation to apply it appropriately.
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