The management unit issues a retirement decision for public employees during what period?
When does the public employee management unit issue a retirement decision for public employees?
As per Clause 7 Article 59 of Decree 115/2020/ND-CP on regulations related to retirement decisions:
Regulations related to retirement decisions:
a) No later than 03 months prior to the retirement date as per Clauses 1, 2, 3, and 4 of this Article, the agency or unit managing the public employee must issue the retirement decision;
b) Based on the retirement decision stipulated at point a of this clause, the agency or unit managing the public employee must cooperate with the social insurance organization to complete necessary procedures so that the public employee receives social insurance benefits upon retirement;
c) The public employee retiring has the responsibility to hand over documents, files, and ongoing tasks to the designated successor at least 03 working days before the retirement date;
d) From the retirement date stated in the retirement decision, the public employee will retire and be eligible for social insurance benefits as per the regulations.
Within 03 months leading up to the retirement date as regulated in Clauses 1, 2, 3, and 4 of Article 59 Decree 115/2020/ND-CP, the agency or unit managing the public employee must issue the retirement decision.
When does the public employee management unit issue a retirement decision for public employees?
What are the policies for retired public employees who sign task-based contracts with public service providers?
Per Article 60 of Decree 115/2020/ND-CP outlining policies and management mechanisms for retired public employees signing task-based contracts:
Regimes, policies, and management mechanisms for retired public employees signing task-based contracts with public service providers
1. Retired public employees who sign task-based contracts with public service providers, besides receiving pensions as per regulations, are also entitled to agreed-upon remuneration as stated in the signed contract.
2. Public service units are responsible for ensuring working conditions to support professional activities as defined in the task-based contract, including public employee rights particularly in professional activities as specified in Clauses 1, 3, 4, 5, 6, and 7 of Article 11 of the 2010 Public Employee Law.
3. The regime and working hours for retired public employees are specifically stipulated in the task-based contract with the public service provider.
The policies for retired public employees who sign task-based contracts with public service providers include:
- In addition to the pension received as per regulations, they are also entitled to the remuneration agreed upon in the signed contract.
- Ensuring working conditions to support professional activities as stated in the task-based contract, including rights of public employees in professional activities as specified in Clauses 1, 3, 4, 5, 6, and 7 of Article 11 of the 2010 Public Employee Law.
- The regime and working hours are specified in the task-based contract with the public service provider.
What is the retirement age in normal working conditions in 2024?
Based on Clause 2, Article 169 of the 2019 Labor Code, the following regulations apply:
Retirement age
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2. The retirement age of employees in normal working conditions will be adjusted step-by-step until it reaches 62 years for male workers in 2028 and 60 years for female workers in 2035.
From 2021, the retirement age of employees in normal working conditions is 60 years and 03 months for male workers and 55 years and 04 months for female workers; annually, an increase of 03 months for male workers and 04 months for female workers will be applied.
3. Workers with reduced labor capacity; those in heavy, hazardous, dangerous jobs; those working in especially difficult economic-social conditions can retire at a lower age, but not more than 05 years earlier than regulated in Clause 2 of this Article, unless otherwise specified by law.
4. Workers with high technical qualifications and in special cases can retire at an older age, but not more than 05 years beyond the regulated age in Clause 2 of this Article, unless otherwise specified by law.
Thus, in 2024, the retirement age in normal working conditions will be 61 years for male workers and 56 years and 04 months for female workers.
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