Streamlining Staffing for Officials and Public Employees: Subjects and Time Frame for Policies on Streamlining Staffing - How Are They Regulated?
Which officials and public employees are subject to staff reduction?
Based on the regulations in Article 6 of Decree 108/2014/ND-CP amended and supplemented by Article 1 of Decree 113/2018/ND-CP and Article 1 of Decree 143/2020/ND-CP regarding cases subject to staff reduction.
Cases where officials and public employees will be subject to staff reduction include:
- Surplus due to reviewing and reorganizing organizational structures and personnel according to the decision of competent authorities to implement policies of autonomy and self-responsibility regarding tasks, finance, organizational structures, and personnel;
- Surplus due to restructuring according to job positions, but no other suitable jobs are available;
- Does not meet the qualifications for the job position currently held, has no other suitable position to arrange, and cannot be retrained or has been arranged by the agency for another job but voluntarily opts for staff reduction with the agreement of the direct managing agency or unit;
- Has a field of training that does not match the position held, leading to uncompleted assigned tasks but cannot be reassigned or if reassigned, voluntarily opts for staff reduction with the agreement of the direct managing agency or unit;
- Has two consecutive years at the time of staff reduction consideration where one year is rated as completing tasks and one year as not completing tasks, but no other suitable job can be arranged, or did not complete tasks in the previous year at the time of staff reduction consideration but voluntarily opts for staff reduction with agreement;
- Has two consecutive years at the time of staff reduction consideration in each year or the previous year has total sick leave days equal to or exceeding the maximum allowable days off due to illness as confirmed by medical facilities and social insurance agency paying sickness benefits but voluntarily opts for staff reduction with the agreement of the direct managing agency;
- Leaders and managers who cease holding positions due to organizational restructuring according to the decision of competent authorities, voluntarily opting for staff reduction with the direct managing agency's agreement;
- Public employees working under indefinite labor contracts at public service providers that are granted autonomy but become redundant due to organizational restructuring or to implement autonomy policies for tasks, finance, organizational structures, and personnel;
- Has been a public employee reassigned to work at associations provided with state budget allocations to pay salaries.
Thus, public employees falling into the above cases will be considered for staff reduction.
Staff reduction for officials and public employees in specific cases. How is the implementation time for staff reduction policies regulated? (Image from the Internet)
How is the implementation time for staff reduction policies regulated?
Based on Section 4 of Official Dispatch 3538/BNV-TCBC in 2022, the implementation time for staff reduction policies is regulated according to Clause 8, Article 1 of Decree 113/2018/ND-CP as follows:
- The date used as a basis to calculate the full age for staff reduction policies and early retirement policies is the first day of the month following the birth month of the subject; if the subject’s records do not specify the day and month of birth in the year, the date will be January 1st of the birth year.
- The period for calculating allowance includes the working period at Communist Party agencies, state agencies, political-social organizations, public service providers, state enterprises, and associations, which is counted for social insurance contributions and mandatory social insurance payments (according to each person’s social insurance book), but has not received job-quitting benefits or social insurance benefits once or has not received demobilization or discharge policies.
If the period for calculating allowance includes fractional months, it should be rounded as follows: less than 3 months are not counted; from 3 months to less than 6 months are counted as 1/2 year; over 6 months to less than 12 months are rounded up to 1 year.
How are staff reduction policies for officials and public employees regulated?
Based on Article 8 of Decree 108/2014/ND-CP amended by Article 1 of Decree 143/2020/ND-CP, Article 9 of Decree 108/2014/ND-CP amended by Article 1 of Decree 143/2020/ND-CP, Article 10 of Decree 108/2014/ND-CP amended by Article 1 of Decree 143/2020/ND-CP, Article 11 of Decree 108/2014/ND-CP.
Staff reduction policies for officials and public employees are determined as follows:
- For those retiring before reaching retirement age:
Officials and public employees retiring before reaching retirement age may receive the following benefits:
+ Not having their pension reduced due to early retirement;
+ Pension regime;
+ Monthly salary allowance;
- For those transferring to work at organizations not receiving regular salaries from the state budget:
+ Receive an allowance equivalent to three months of current salary;
+ Receive an allowance equivalent to half a month’s salary for each year of service with social insurance contributions.
- For those resigning immediately:
+ Receive an allowance equivalent to three months of current salary to seek new employment;
+ Receive an allowance equivalent to 1.5 months of salary for each year of service with social insurance contributions.
- For those resigning after vocational training:
+ Receive the full current monthly salary and their agency or unit pays social insurance and health insurance premiums during vocational training, for a maximum period of 6 months;
+ Receive a vocational training allowance equivalent to the cost of the vocational training course, up to a maximum of six months of current salary to be paid to the vocational training institution;
+ After completing vocational training, receive an allowance equivalent to three months of current salary at the time of vocational training to seek new employment;
+ Receive an allowance equivalent to half a month's salary for each year of service with social insurance contributions;
+ The vocational training period is counted as continuous service time but not counted for seniority for annual salary increases.
- For those no longer holding leadership positions or appointed/elected to other positions with lower leadership allowances due to organizational restructuring:
+ Retain the current leadership position allowance until the end of the appointed term or elected tenure;
+ If less than 6 months remain in the appointed term or elected tenure, the allowance is retained for 6 months.
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