Is It Legal to Delay Resignation for Public Employees Due to Financial Difficulties?

Article 57 of Decree 115/2020/ND-CP provides:

1. Public employees are resolved to resign in the following cases:

a) Public employees unilaterally terminate their employment contracts in accordance with the provisions of Clauses 4, 5, and 6, Article 29 of the Law on Public Employees;

b) The public non-business unit unilaterally terminates the employment contract with the public employee in one of the cases specified at Points c, d, and e, Clause 1, Article 29 of the Law on Public Employees and Clause 4, Article 2 of the Law amending and supplementing a number of articles of the Law on Cadres, officials, and the Law on Public Employees;

c) The public non-business unit does not renew the employment contract with the public employee when the fixed-term employment contract ends.

2. Public employees are not resolved to resign if they fall into one of the following cases:

a) Being within the time frame for disciplinary processing, being investigated, prosecuted, tried;

b) Have not worked enough time committed to the public service provider when assigned to attend training;

c) Have not completed the payment of the amounts, properties for which the public employee is responsible to the public service provider;

d) Due to work demands and no replacement has been arranged.

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Therefore, the reason for the unit's financial difficulties is not a basis for not resolving the resignation for the public employee. Hence, in this case, you can file a complaint with the head of the unit for resolution.

Respectfully!