(Chinhphu.vn) – Mr. Dang Duc Thanh (I Bac Giang Province) signed a probation contract in 2013 with the district construction investment project management unit, enjoying 85% of salary and a coefficient of 2.34. In 2014, 2015, 2016, he was signed a 1 year / time contract, 1st grade salary, a coefficient of 2.34 and enjoyed an additional income coefficient.

In 2017, Mr. Thanh was signed a labor contract with a term of 3 years and enjoyed a wage level 2, a coefficient of 2.67.

Mr. Thanh would like to ask, whether the type of labor contract that defines the term of 3 years signed with me is appropriate? Is his unit signing a contract and raising salaries for workers on a salary scale, salary and salary tables prescribed by the State applicable to cadres, public servants and officials?

Lawyer Tran Van Toan, the Khanh Hung Lawer’s Office, The Hanoi Bar Association answered Mr. Thanh's question as follows:

According to Clause 2, Article 22 of the Labor Code, When a definite labor contract expires and the employee continues working, within thirty (30) days from the date of expiration of the contract, the two parties shall sign a new labor contract; if no new labor contract is entered into, the definite-term labor contract will become anindefinite-term labor contract.

In case the two parties enter into a new labor contract with a definite term, only 1 additional definite-term labor contract may be signed; after that, if the employee continues working, an indefinite-term contract must be entered into. 

In case Mr. Dang Duc Thanh worked at the management unit of district construction investment projects. After completing the probationary and probationary regimes, from 2014, 2015, 2016, each year, the unit signed with Mr. Thanh a 1-year term labor contract (12 months). Mr. Thanh was entitled to receive 100% of salary level 1/9, coefficient of 2.34, salary scale of employees of category A1 (for people with university degrees), professional and payroll for employees in State non-business units (Table 3) issued together with the Government's Decree No. 204/2004 / ND-CP of December 14, 2004.

Pursuant to Clause 2, Article 22 of the Labor Code, it is expected that by the end of the term of the second time-definite contract (signed in 2015), by 2016 the unit must sign a third contract with Mr. Thanh a new typesof labor contracts with indefinite terms are prescribed.

Therefore, in 2017, the unit signed a fourth contract with Mr. Thanh according to the type of labor contract with a term of 3 years is not in accordance with regulations.

To secure the rights for Mr. Thanh, the unit needed to change the type of contract that defines the term signed with Mr. Thanh to an indefinite term contract.

Principle of salary classification with contracted workers

Article 15 of the Labor Code stipulates, A labor contract is an agreement between the employee and the employer on the paid job, the work conditions, the rights and obligations of each party in the labor relation.

Currently, those working under the labor contract regime in public non-business units are graded according to the wage scale and payroll prescribed by the State in the Decree No. 204/2004 / ND-CP of December 14 / 2004 by the Government; be entitled to participate, pay, enjoy social insurance, unemployment insurance, health insurance, get a regular salary increase, increase the salary level before the period according to regulations, enjoy additional income according to regulations and other policy regimes such as officials have the same level of training or, have a professional title working in the same unit.

Point c, Clause 1, Article 1 of the Circular No. 08/2013 / TT-BNV dated July 31, 2013 of the Ministry of Home Affairs guiding the implementation of the regular salary increase and wage increase before the period for cadres , civil servants, officials and employees prescribed, those who work under the labor contract regime shall be paid according to the wage tables prescribed by the State in the State agencies and public non-business units are subjects who get a regular salary upgrade.

According to Point a, Clause 1, Article 2 of this Circular, for ranks and titles that require a higher degree of training from a college or higher: If the last rank is not ranked in the rank or in the title, then after 3 years (full 36 months), keeping salary level in the rank or in the title is considered to raise a salary level.

In the case of Mr. Thanh, after the probationary period, from 2014, 2015, 2016, he worked under a labor contract with a definite term; by 2017, he had to hold a 1/9 step, coefficient 2,34 and full 3 years (36 months), therefore, when signing the next labor contract in 2017, Mr. Thanh was combined with a regular salary increase to level 2/9, a coefficient of 2.67 is true as regulated.

Lawyer Tran Van Toan,

The Khanh Hung Lawyer’s Office, the Hanoi Bar Association