Chương 2 Thông tư 15/2012/TT-BNV: Hợp đồng làm việc

Chapter 2.

LABOR CONTRACTS

Article 11. Definite-term labor contracts

1. A definite-term labor contract is concluded between the head of the public service provider and a successful candidate for a public employee’s position, excluding the case prescribed in Points d and dd Clause 1 Article 58 of the Law on public employees. The contract shall use the form No. 2 issued herewith.

2. Regarding cases of registration of public employee recruitment prescribed in Clause 2 Article 1 of this Circular, if they are recruited as public employees, a definite-term labor contract shall be concluded using the form No. 3 issued herewith.

3. According to the work need, the vacancy and the professional title need to be filled, the head of the public service provider shall decide the specific deadline for conclusion of definite-term labor contract provided that it does not exceed 36 months.

Article 12. Indefinite-term labor contracts

Upon the termination of a definite-term labor contract concluded between the head of the public service provider and a public employee and a work transfer from a civil servant’s position to a public employee’s position prescribed in Points d and dd Clause 1 Article 58 of the Law on public employees, a indefinite-term labor contract shall be required and used the form No. 4 issued herewith.

Article 13. Change of labor contracts’ contents

During the execution of labor contract, if there is any change to the contents of the labor contract, two parties may agree the modified contents and conclude an appendix of the contract or a new labor contract.

Article 14. Termination of labor contract upon the public employee’s movement to other agencies or units

1. When a public employee moves to another agency or unit, his/her labor contract concluded with the current public service provider must be terminated.

2. The termination of the labor contract must be expressed in written document certified by the public employee and the head of the public service provider or an authority competent to conclude labor contract. The written termination of labor contract shall be made in 2 copies; each party shall hold one copy.

Article 15. Concluding new labor contract with public employee moving to new public service provider

When a public employee moves to another public service provider, the head of the public service provider or the recruitment agency must conclude a new labor contract with the public employee and provide salary regime appropriate to his/her ability, education, working experience, salary progress and the period over which the social insurance has been paid.