What is the policy for retired public employees who enter into employment contracts with public administrative units in Vietnam in 2023?
Who are public employees in Vietnam?
According to Article 2 of the Law on Public Employees 2010, public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.
What is the policy for retired public employees who enter into employment contracts with public administrative units in Vietnam in 2023?
What is the policy for retired public employees who enter into employment contracts with public administrative units in Vietnam in 2023?
Article 60 of Decree 115/2020/ND-CP stipulates regimes, policies and management mechanisms for retired public employees who enter into employment contracts.
Regimes, policies and management mechanisms for retired public employees who enter into employment contracts with public administrative units
1. Retired public employees who enter into employment contracts with public administrative units, in addition to the pension they receive according to regulations, are also entitled to remuneration as agreed in the signed contract.
2. Public administrative units are responsible for ensuring working conditions for professional activities specified in employment contracts, including the rights of public employees regarding professional activities specified in the regulations. Clauses 1, 3, 4, 5, 6 and Clause 7, Article 11 of the Law on Public Employees.
3. The regime and working time of retired public employees are specified in the employment contracts signed with the public administrative units.
Accordingly, the policy for policy for retired public employees who enter into employment contracts with public administrative units is as follows:
- In addition to the prescribed pension, they will also receive remuneration as agreed in the signed contract.
- Ensure working conditions for professional activities specified in employment contracts, including the rights of public employees regarding professional activities specified in Clauses 1, 3, 4, 5, 6 and Clause 7, Article 11 of the Law on Public Employees 2010.
- Working regime and time are specified in the employment contracts signed with the public administrative units.
What are the retirement procedures for public employees in Vietnam?
Pursuant to Article 59 of Decree 115/2020/ND-CP stipulates as follows:
Retirement procedures
1. Retirement time is the 1st day of the month immediately following the month the employee reaches retirement age according to regulations.
2. Retirement time is deferred when one of the following cases occurs:
a) Not more than 01 month in one of the following cases: Retirement time coincides with the Lunar New Year holiday; public employees whose spouses, parents (spouses), and children have passed away or been declared missing by the Court; The public employees himself and his family suffered damage due to natural disasters, enemy sabotage, or fire;
b) No more than 03 months in case of serious illness or accident with hospital confirmation;
c) No more than 06 months for cases being treated for diseases on the list of diseases requiring long-term treatment issued by the Ministry of Health, with confirmation from the hospital.
3. If an employee's retirement date is postponed in many cases as prescribed in Clause 2 of this Article, it will only be done in one case with the largest retirement delay.
4. The head of the agency or unit with authority to manage public employees shall decide to postpone the retirement date according to the provisions of Clause 2 of this Article.
5. In case a public employee does not wish to delay his or her retirement date according to the provisions of Clause 2 of this Article, the head of the agency or unit managing the public employee shall decide for the public employee to retire as prescribed in Clause 1.
6. Before 06 months until the time of retirement as prescribed in Clauses 1, 2, 3 and 4 of this Article, the agency or unit managing public employees must issue a written notice of the time of retirement to the officer knows and prepares a replacement.
7. Regulations related to retirement decisions:
a) 3 months before the time of retirement as prescribed in Clauses 1, 2, 3 and 4 of this Article, the agency or unit managing public employees must issue a decision to retire;
b) Based on the retirement decision specified in Point a of this Clause, the agency or unit managing the public employee shall coordinate with the social insurance organization to carry out the prescribed procedures so that the public employee can enjoy insurance benefits. social insurance upon retirement;
c) Retired public employees are responsible for handing over records, documents and current work to the person assigned to receive them at least 03 working days before the time of retirement;
d) From the time of retirement stated in the retirement decision, the employee is entitled to retire and enjoy social insurance according to regulations.
Thus, retirement procedures for public employees are carried out according to the above regulations.
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