[HEALTH LAW ARTICLE]

1. What is an officer?

Pursuant to Article 2 of the Law on Public Employees 2010: Officials being Vietnamese citizens may be recruited by job position, work at public non-business units under the working contract regime, and receive salary from the unit's salary fund. public career in accordance with the law. Therefore, doctors working at public non-business units are defined as public employees.

2.  Determining the type of contract signed between a doctor and a public non-business unit

To determine the right to unilaterally terminate the employment contract of the doctor in this case, we need to consider the working contract between the doctor and the public non-business unit as a fixed-term contract or a contract of employment. indefinite term.

Pursuant to Clauses 1 and 2, Article 2 of the Law amending and supplementing a number of articles of the Law on Cadres and Civil servants and the Law on Public Employees 2019:

1. A definite-term working contract is a contract in which the two parties determine the term and the time of termination of the contract's validity in the period from full 12 months to 60 months.
A definite-term working contract applies to persons recruited as public employees from July 1, 2020, except for the cases specified at Points b and c, Clause 2, Article 2 of the Law on amendments and supplements to a number of employees. Articles of the Law on Cadres and Civil servants and the Law on Public Employees 2019.

2. An indefinite-term working contract is a contract in which the two parties do not determine the term and the time of termination of the contract's validity. An indefinite term employment contract applies to the following cases:
a) Officials recruited before July 1, 2020;
b) Cadres and civil servants who change to public employees according to the provisions of Point b, Clause 1, Article 58 of this Law;
c) Persons recruited as public employees to work in areas with extremely difficult socio-economic conditions.

3. Regulations on the right to unilaterally terminate the labor contract

According to Clauses 4 and 5, Article 29 of the Law on Public Employees 2010:

4. Public employees working under indefinite-term contracts have the right to unilaterally terminate the contract but must notify in writing the head of the public non-business unit at least 45 days in advance; In case an employee is sick or has an accident that has been treated for 06 consecutive months, at least 03 days' notice must be given.

5. Public employees working under fixed-term work contracts have the right to unilaterally terminate the contract in the following cases:
a) Not being arranged according to the correct working position, working location or failing to ensure the working conditions agreed upon in the working contract;
b) Not being paid in full or not being paid on time according to the working contract;
c) Being mistreated; forced labor;
d) You or your family are really in difficult circumstances and cannot continue to perform the contract;
đ) Pregnant female public employees must take leave from work as designated by the medical facility;
e) The public employee is sick or has an accident who has received treatment for 3 consecutive months but his working capacity has not yet recovered.

Thus, a doctor working under an indefinite term contract has the right to unilaterally terminate the contract in case the conditions for prior notice are satisfied. For doctors working under a definite-term contract, they have the right to unilaterally terminate the contract in some of the above cases and satisfy the conditions for prior notice as prescribed in Clause 6, Article 29 of the Law on Public Employees. 2010.

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