The apprentice is considered the stage that is carried out before signing a labor contract or being officially recruited. So what exactly does “apprentice” mean? What is the apprentice regime like? Is the apprentice different from probation? Let’s find the answers in the following article.
What is an Apprentice?
The term “apprentice” is often mentioned when being recruited for civil servants or public officials. In addition, we also often encounter apprentice civil servants, apprentice lawyers, and apprentice notaries.
According to Article 2, Clause 1 of Decree 115/2020/ND-CP, the apprentice regime includes regulations related to the process where the person is recruited as a civil servant, familiarizes themselves with the working environment, and practices the tasks of the job position associated with the designated profession specified in the work contract.
How is the apprentice regime regulated for civil servants nowadays?
The apprentice regime for civil servants is specifically regulated in Decree 138/2020/ND-CP, effective from December 1, 2020. According to this decree:
- Apprentice period:
- 12 months for recruitment into Category C civil service positions.
- 06 months for recruitment into Category D civil service positions.
- Sick leave according to social insurance regulations, sick leave of 14 days or more, unpaid leave, temporary detention, temporary suspension from work as prescribed by law, should not be counted as apprentice time.
- In case the apprentice is on sick leave or has a legitimate reason for less than 14 days with the consent of the head of the agency or unit where the person is recruited as a civil servant, this time will be counted as apprentice time.
Therefore, compared to Article 12, Clause 1 of Decree 161/2018/ND-CP, the new regulations have added conditions for cases where the apprentice is on sick leave for less than 14 days to be counted as apprentice time.
- Apprentice content:
- Master the legal regulations on civil servants, understand the organizational structure, functions, tasks, and powers of the working agency; regulations and working rules of the agency; duties of the recruited job position.
- Improve professional knowledge and skills according to the requirements of the recruited job position.
- Practice and execute the tasks of the recruited job position.
During the implementation of the apprentice regime, the head of the managing agency must assign someone to participate in a state management training course to complete the standards and conditions of the civil service rank before appointment. The time spent attending the state management training course will be counted as apprentice time (new regulation).
In case the apprentice regime is not implemented:
The apprentice regime will not be implemented for cases where the person has had working time and has contributed to mandatory social insurance according to regulations, being assigned to work in the right field or profession, or having the relevant professional expertise before and the working time with mandatory social insurance (if interrupted, it will be accumulated) is equal to or greater than the corresponding apprentice time specified for the recruited job position.
For cases where the apprentice regime is not implemented, the head of the managing agency must assign participation in a state management training course to complete the standards and conditions of the civil service rank before appointment (new regulation).
It is not allowed to transfer, arrange, or assign work for the recruited person who is in the apprentice regime to another job position within the same agency, organization, or to another agency, organization, or unit.
How is the apprentice different from probation?
Apprenticeship and probation are two activities with different characteristics, but many people still confuse these two terms as one. Therefore, we will analyze the differences between apprenticeship and probation through the following criteria:
Legal basis:
- Apprenticeship: Depending on the job position, the legal documents governing the apprentice regime will vary. In the case of civil servants, the apprentice regime is governed by the Civil Servant Law 2010, Decree 115/2020/ND-CP, and other related guidelines.
- Probation: Governed by the 2019 Labor Code and related implementation guidelines.
Applicable subjects:
- Apprenticeship: Usually applies to those who apply for civil service, public officials, or those who aim to become lawyers or notaries.
- Probation: Applies to workers in various environments such as businesses, organizations, etc.
Application timing:
- Apprenticeship: Before officially working, there may be an additional probation period after the apprentice period.
- Probation: Implemented before signing the official labor contract (if there is a probation agreement).
That’s the content of the article on “what is an apprentice?”. If you still have any questions, please contact us for clarification. Visit Kienthucykhoa.com for more information.
