Policies for Retired Public Employees Contracting with Public Service Providers in 2023
What are the policies for retired public employees who sign service contracts with public service providers in 2023?
According to Article 60 of Decree 115/2020/ND-CP regarding policies and management mechanisms for retired public employees who sign service contracts:
Policies, Mechanisms of Management for Retired Public Employees Signing Service Contracts with Public Service Providers
1. Retired public employees who sign service contracts with public service providers, besides receiving pensions according to regulations, are entitled to remuneration as agreed in the signed contract.
2. Public service units are responsible for ensuring the working conditions for professional activities specified in the service contract, including the rights of public employees regarding professional activities stipulated in Clauses 1, 3, 4, 5, 6, and Clause 7 of Article 11 of the Law on Public Employees.
3. The working regime and time for retired public employees are specifically stipulated in the service contract signed with public service providers.
The policies for retired public employees who sign service contracts with public service providers are as follows:
- In addition to the pension received according to regulations, they are entitled to remuneration as agreed in the signed contract.
- Ensure the working conditions for professional activities specified in the service contract, including the rights of public employees regarding professional activities as stipulated in Clauses 1, 3, 4, 5, 6, and Clause 7 of Article 11 of the 2010 Law on Public Employees.
- The working regime and time are specifically stipulated in the service contract signed with public service providers.
What are the policies for retired public employees who sign service contracts with public service providers in 2023?
Under what circumstances can the retirement time for public employees be postponed?
According to Article 59 of Decree 115/2020/ND-CP, the retirement procedures for public employees are as follows:
- The retirement time is the 1st day of the month following the month in which the public employee reaches retirement age according to regulations.
- The retirement time can be postponed in the following cases:
+ Not exceeding 01 month for one of the following cases: the retirement time coincides with the Lunar New Year holiday; the public employee’s spouse, parents (including in-laws), or children pass away or are declared missing by the court; the public employee and their family are damaged by natural disasters or fire.
+ Not exceeding 03 months for cases of severe illness or accidents, with certification from a hospital.
+ Not exceeding 06 months for cases under long-term treatment as prescribed by the Ministry of Health, with certification from a hospital.
- Public employees eligible for postponing their retirement in multiple cases as stipulated in Clause 2 of this Article will only be entitled to postpone for the case with the longest postponement time.
- The head of the organization managing the public employee decides on the postponement of the retirement time as prescribed in Clause 2 of Article 59 of Decree 115/2020/ND-CP.
- If the public employee does not wish to postpone their retirement time according to Clause 2 of this Article, the head of the organization managing the public employee will allow the public employee to retire according to Clause 1 of Article 59 of Decree 115/2020/ND-CP.
- Six months before the retirement time as prescribed in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, the organization managing the public employee must issue a written notice of the retirement time to the public employee for their awareness and preparation for a replacement.
When does the public employee management unit issue retirement decisions for public employees?
According to Clause 7 of Article 59 of Decree 115/2020/ND-CP on regulations related to retirement decisions:
Regulations related to retirement decisions:
a) Three months before the retirement time as prescribed in Clauses 1, 2, 3, and 4 of this Article, the organization managing the public employee must issue a retirement decision;
b) Based on the retirement decision prescribed in Point a of this Clause, the organization managing the public employee cooperates with the social insurance organization to carry out procedures for the public employee to receive social insurance benefits upon retirement;
c) The retired public employee is responsible for handing over their files, documents, and ongoing work to the assigned person at least three working days before the retirement time;
d) From the retirement time specified in the retirement decision, the public employee will retire and receive social insurance benefits according to regulations.
Three months before the retirement time as prescribed in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, the organization managing the public employee must issue a retirement decision.
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