Proposing localities, agencies and units to review cases of contract labor

Accordingly, the document requests agencies, public service units of the Party, the Fatherland Front and socio-political organizations at the provincial and district levels to carry out the transition of labor contracts under Decree No. 68/2000/ND-CP, Decree No. 161/2018/ND-CP to sign labor contracts under Decree No. 111/2022/ND-CP of the Government, noting:

1. Localities, agencies and units shall review cases of contract labor according to Decree No. 68/2000/ND-CP, Decree No. 161/2018/ND-CP, and organize the implementation of the transition to signing labor contracts according to Decree No. 111/2022/ND-CP of the Government. The labor contract form shall comply with Circular No. 05/2023/TT-BNV, dated May 3, 2023 of the Ministry of Home Affairs guiding the service contract form and labor contract form for certain types of work in administrative agencies and public service units.

2. Employees performing support and service work specified in Clause 1, Article 4 of Decree No. 111/2022/ND-CP are entitled to receive wages and other benefits as agreed in the labor contract. Wages in the labor contract apply one of two forms: Applying the agreed wage level in accordance with the provisions of labor law or applying wages according to the salary table of civil servants and public employees in accordance with the budget capacity of the agency, organization or unit. In case of agreement to apply wages according to the salary table of civil servants and public employees, the types of allowances received (if any) are included in the wages; the salary increase regime and other regimes and policies related to wages are implemented as civil servants and public employees.

3. The signed labor contract must ensure the legitimate rights and interests regarding salary, social insurance regime and other regimes as prescribed by law. In case one of the parties does not have the need, the termination regime shall be resolved according to the provisions of law.

4. No need to re-sign the contract according to Decree No. 111/2022/ND-CP dated December 30, 2022 of the Government for the following cases:

- People who were recruited into the payroll before Decree No. 25/CP dated May 23, 1993 of the Government took effect(from April 1, 1993)and are doing support and service work, they will not switch to implementing the contract regime according to Decree 111/2022/ND-CP of the Government.

-Persons signing labor contracts under Decree No. 68/2000/ND-CP and Decree No. 161/2018/ND-CP(if any)of the Government, but with less than 24 months of work remaining until retirement, calculated from the effective date of Decree No. 111/2022/ND-CP, they shall continue to perform their work and enjoy the regimes and policies they are enjoying without having to sign a labor contract as prescribed in Decree No. 111/2022/ND-CP.

5. Localities and units must complete the transition of signing labor contracts according to Decree No. 111/2022/ND-CP before November 30, 2023.