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