06:49 | 24/08/2024

Proposal for voluntary downsizing for female employees being pregnant, enjoying maternity leave, and raising children under 36 months in Vietnam

Is there a proposal for voluntary downsizing for female employees being pregnant, enjoying maternity leave, and raising children under 36 months in Vietnam? - Mr. Giang (Bac Giang)

Ministry of Home Affairs of Vietnam: Proposal for voluntary downsizing for female employees being pregnant, enjoying maternity leave, and raising children under 36 months?

Based on the Draft Submission on the Draft Decree replacing Decree 108/2014/ND-CP, Decree 113/2018/ND-CP, and Decree 143/2020/ND-CP (hereinafter referred to as the "Draft Submission"). Here

Regarding the proposal to implement downsizing for female employees being pregnant, enjoying maternity leave, and those raising children under 36 months, at point đ subsection 2 Section IV of the Draft Submission, the Ministry of Home Affairs has presented its standpoint as follows:

- Decree 108/2014/ND-CP regulations do not consider the reduction of staff for cases of illness, pregnancy, maternity leave, and raising children under 36 months to protect the rights of officials and public employees.

However, during the implementation process, many individuals expressed a desire for downsizing because they did not have the health to work. The proposal to amend the regulation for female employees being pregnant, enjoying maternity leave, and raising children under 36 months to be more practical and to be applied voluntarily.

Proposal for pregnant women, maternity leave, and raising children under 36 months to voluntarily reduce staff?

Proposal for voluntary downsizing for female employees being pregnant, enjoying maternity leave, and raising children under 36 months in Vietnam (Image from the Internet)

What are the contents of the proposal for voluntary downsizing for female employees being pregnant, enjoying maternity leave, and raising children under 36 months?

The proposal for female employees being pregnant, enjoying maternity leave, and raising children under 36 months for voluntary downsizing is mentioned in Article 5 of the Draft Decree on downsizing as follows:

Cases not considered for downsizing

1. Those in the period of illness with certification from a competent medical authority, except for individuals voluntarily reducing staff.

2. officials and public employees during pregnancy, maternity leave, and raising children under 36 months, except for individuals voluntarily reducing staff.

3. Those under disciplinary review or criminal prosecution.

If female officials and public employees who are pregnant, on maternity leave, or raising children under 36 months voluntarily reduce their staff, they can still be considered for downsizing.

Who are the subjects proposed for downsizing by the Ministry of Home Affairs of Vietnam?

According to Article 4 of the Draft Decree on downsizing. The proposed cases for downsizing include:

Subject

Case

officials and public employees and commune-level officials

- Surplus due to review and reorganization of organizational apparatus, administrative units, and personnel according to the decision of a competent authority of the Communist Party, the State, or surplus due to public service providers implementing the autonomy mechanism;

- Surplus due to rearrangement of officials and public employees according to employment positions but other appropriate employment cannot be arranged;

- Civil servants and public employees who do not meet the educational level according to the professional standards for the current job position but there is no other suitable job position or cannot be retrained to meet the professional standards or those arranged to another job but the individual voluntarily implements downsizing and is agreed by the directly managing unit;

- Having 02 consecutive years at the time of considering downsizing, officials and public employees have a 01-year evaluation of task completion and a 01-year failure to complete the task but other suitable employment cannot be arranged, or failure to complete the task in the preceding year at the time of considering downsizing but the individual voluntarily implements downsizing and is agreed by the directly managing unit;

- Having 02 consecutive years at the time of considering downsizing, with the total number of sick leave days equal to or higher than the maximum number of sick leave days as regulated by law, certified by medical examination and treatment facilities, and receiving sickness benefits from the Social Insurance agency or in the preceding year at the time of considering downsizing with the total number of sick leave days equal to or higher than the maximum number of sick leave days as regulated by law, the individual voluntarily implements downsizing and is agreed by the directly managing unit;

- officials and public employees in leadership and management positions, cease holding positions due to organizational arrangements according to the decision of a competent authority, voluntarily implement downsizing and is agreed by the directly managing unit;

- During disciplinary action under warning or reprimand forms decided by a competent authority, the individual voluntarily implements downsizing and is agreed by the directly managing unit

Those who have been officials and public employees transferred by a competent authority to hold key positions in associations assigned by the Communist Party and the State

- Surplus due to review and reorganization of organizational apparatus, administrative units, and personnel according to the decision of a competent authority of the Communist Party, the State, or surplus due to public service providers implementing the autonomy mechanism;

- Having 02 consecutive years at the time of considering downsizing, officials and public employees have a 01-year evaluation of task completion and a 01-year failure to complete the task but other suitable employment cannot be arranged, or failure to complete the task in the preceding year at the time of considering downsizing but the individual voluntarily implements downsizing and is agreed by the directly managing unit;

- Having 02 consecutive years at the time of considering downsizing, with the total number of sick leave days equal to or higher than the maximum number of sick leave days as regulated by law, certified by medical examination and treatment facilities, and receiving sickness benefits from the Social Insurance agency or in the preceding year at the time of considering downsizing with the total number of sick leave days equal to or higher than the maximum number of sick leave days as regulated by law, the individual voluntarily implements downsizing and is agreed by the directly managing unit;

Those who are officials appointed by a competent authority to manage or represent the state shares in state-owned enterprises

Surplus due to the reorganization of the enterprise

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