Can contracted labor receive official allowances?
Sat, 16 Sep 2023 22:45:00 | Print | Email Share:
Mr. Ngo Minh Viet (Lao Cai) is a contracted laborer under Decree No. 68/2000/NĐ-CP, working as a driver at the Department. Currently, the agency is converting him to a contract under Decree No. 111/2022/NĐ-CP to receive a salary coefficient. Mr. Vietasked whether he is eligible for official allowances if he switches to the salary coefficient.
On this matter, the Ministry of Internal Affairs responds as follows:
Point a, Clause 2, Article 8 of Decree No. 111/2022/NĐ-CP dated December 30, 2022, by the Government on contracts for certain types of work in administrative agencies and public non-business units has specifically stipulated:
"Employees performing support and service work as specified in Clause 1, Article 4 of this Decree shall receive a salary and other benefits as agreed upon in the labor contract. The salary in the labor contract shall be applied in one of two forms: applying the salary level as agreed upon in compliance with labor law regulations or applying the salary level according to the salary scale for civil servants and officials in accordance with the budgetary capacity of the agency, organization, or unit. In the case of agreeing to apply the salary according to the salary scale for civil servants and officials, any allowances (if any) shall be included in the salary; salary step increments and other related salary policies shall be implemented as for civil servants and officials."
In the case of signing a labor contract applying the salary according to the salary scale for civil servants and officials, the salary shall be ranked according to the job title (driver) specified in Table 4 issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004, by the Government on salary regimes for officials, civil servants, and armed forces personnel.
Point d, Clause 1, Article 2 of Decree No. 34/2012/NĐ-CP dated April 15, 2012, by the Government on official allowance regimes has specifically stipulated the applicable subjects for official allowances, as follows:
"Employees working under labor contracts in state administrative agencies specified in Decree No. 68/2000/NĐ-CP dated November 17, 2000, by the Government on the implementation of contract regimes for certain types of work in state administrative agencies, public non-business units (effective from February 22, 2023, in accordance with the provisions of Decree No. 111/2022/NĐ-CP dated December 30, 2022, by the Government), employees working under labor contracts in Party agencies, political organizations - social organizations applying the provisions of Decree No. 68/2000/NĐ-CP; excluding employees working under labor contract regimes in public non-business units."
The organization of implementing regimes and policies for officials, civil servants, personnel, and employees in provinces and centrally-run cities (provincial level) falls under the jurisdiction of the provincial People's Committees. Therefore, we suggest that Mr. Ngo Minh Viet should contact the specialized agency of the Lao Cai Provincial People's Committee (Department of Internal Affairs) for clarification.
According to Chinhphu.vn (Government News).
By: Translator: LeAnh-Bizic
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