Are pregnant public employees considered downsizing in Vietnam?

Are pregnant public employees considered downsizing in Vietnam?

Article 7 of Decree 108/2014/ND-CP stipulates people exempt from downsizing as follows:

1. Workers who are on sick leave certified by the competent medical facilities.

2. Officials, public employees and workers who are in pregnancy, on maternity leaves or have babies under 36 months.

3. Workers during their disciplinary probation or criminal prosecution.

Thus, according to the above regulations in Vietnam, public employees who are pregnant will not be considered for downsizing. If you are a and arepublic employee about to have a downsizing in your agency, you are not considered for downsizing.

Will redundancy of public employees due to restructuring be subject to the downsizing in Vietnam?

According to Clause 1, Article 6 of Decree 108/2014/ND-CP supplemented by Clause 3, Article 1 of Decree 113/2018/ND-CP stipulating the following cases of downsizing:

1. Officials and public employees under payrolls, and officials of communes receiving salaries from the State budget or salary budget of the public service providers (hereinafter referred to as “official and public employee”) shall be subject to the downsizing if:

a) They are made redundancy due to the restructuring of organizations or personnel upon requests of the competent authority of the Communist Party or the State; or the conversion of public service providers into autonomous ones;

b) They are made redundancy due to the restructuring of officials, and public employees according to their positions and failure to offer new jobs;

c) They fail to meet qualifications required for the in-charge position but the organization is unable to provide additional training and offer new relevant jobs.

d) Their majors are irrelevant to the current jobs resulting in poor performance but their organizations are unable to appoint them to another position.

dd) The performance is recognized as “average but shortcomings exist” for 02 consecutive years; or their annual performance in two years is recognized as “average but shortcomings exist” and “poor” but their organization is unable to offer them new jobs.

e) The performance is recognized as “average” and ”poor” in 02 consecutive years but their organization is unable to offer them new jobs.

g) The total sick leave is equal to the maximum leave stipulated in clause 1, Article 23 of the Law on Social Insurance for 02 consecutive years which is certified by medical examination and treatment facilities and compensated by social insurance firms.

h) Cadres, civil servants and public employees who lead and manage to resign from their positions due to organizational arrangement according to decisions of competent agencies, voluntarily reduce payrolls and are assigned by agencies or units directly under their management agrees.

Therefore, according to the above regulations in Vietnam, an employee who is redundant due to the restructuring of public employee according to job position but does not arrange or arrange another job may be subject to downsizing in Vietnam.

What are downsizing procedures in Vietnam?

Pursuant to Article 14 of Decree 108/2014/ND-CP as amended by Article 1 of Decree 113/2018/ND-CP and Article 1 of Decree 143/2020/ND-CP stipulating downsizing procedures as follows:

1. Heads of authorities, organization and units shall cooperate with the same-level Communist Party’s Committees, Trade Union and socio-political organizations to execute the downsizing policy as follows:

a) Propagate, disseminate and heighten awareness of officials, public employees and workers of the downsizing policy stipulated hereof, within their administration.

b) Submit downsizing proposals according to the procedures specified in Article 15 hereof the competent authority.

c) Submit downsizing checklists and estimates of the severance package for each displaced employee every 06 months based on the approved proposal to the competent authority.

2. Ministries, ministerial-level agencies and Governmental agencies, non-public services providers established by the Government or Prime Minister and People’s Committees of provinces (hereinafter referred to as Ministries, regulatory authorities and local governments) shall:

a) Direct and instruct their affiliates or members to execute this Decree;

b) Consider approving downsizing proposals submitted by their affiliates or members;

c) Approving the list of people downsizing the payroll and using the annual regular budget expenditures to make the payment of regimes and policies for the downsized subjects.

d) Periodically twice a year (6 months/1 time), summarizing the results of downsizing, including a list of objects of downsizing (with explanations and clarifications on reasons for downsizing; of each subject) and the budget for the downsizing of the ministries, branches and localities shall be sent to the Ministry of Home Affairs and the Ministry of Finance for inspection according to regulations.

3. The Ministry of Home Affairs shall verify employees subject to downsizing and submit verification results to the Ministry of Finance.

4. The Ministry of Finance shall verify the estimates of the severance packages, budgets for downsizing and the grant of funding for downsizing.

5. The supervisory authority shall settle all severance packages for displaced employees.

The above are downsizing procedures in Vietnam as prescribed by law.

Best Regards!