Will maternity leave be downsized in Vietnam?

Will maternity leave be downsized in Vietnam?

In Article 7 of Decree 108/2014/ND-CP, people exempt from downsizing:

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, if you are on maternity leave, you will not be considered for downsizing in Vietnam.

Which cases are downsizing in Vietnam?

In Article 8 of Decree 108/2014/ND-CP amended and supplemented by Clauses 3, 4, 5, Article 1 of Decree 113/2018/ND-CP and amended by Clause 1, Article 1 of Decree 143/2020 /ND-CP stipulates early retirement:

1. Displaced employees stipulated in Article 6 hereof being 50 years old to 53 years old (for men) and 45 years old to 48 years old (for women), paying social insurance premiums for at least 20 years and working in heavy, dangerous or hazardous industries on the list jointly released by the Ministry of Labor, War Invalids and Social Affairs and Ministry of Health for at least 15 years; or working for in areas having region-based allowances of at least 0.7 for at least 15 years shall benefit from the following welfares, besides pension policies under laws on social insurance:

a) Do not have pensions deducted;

b) Receive a salary allowance of 03 months for each year of retirement before the age specified in Point b, Clause 1, Article 54 of the Law on Social Insurance;c) Receive 05-month salary for the first 02 working years with full social insurance premiums. From the 21^st working years onwards, each working years with social insurance premiums paid shall be granted a half of 01-month salary.

2. Subjects of downsizing specified in Article 6 of this Decree, if they are full 55 years old to full 58 years old for men, full 50 years old to full 53 years old for women, have paid social insurance premiums for full 20 years. or older, enjoy the retirement regime as prescribed by the law on social insurance and the regimes specified at Points a and c, Clause 1 of this Article, and receive a 03-month salary allowance for each year of early retirement. with the provisions at Point a, Clause 1, Article 54 of the Law on Social Insurance.

3. Public employees and employees working under indefinite-term labor contracts at public non-business units are assigned the right to complete autonomy in performing tasks, finance, organizational apparatus and personnel. redundancies due to organizational reorganization under decisions of competent agencies or due to public non-business units rearranging their organizational apparatus and personnel to implement the regime of autonomy and self-responsibility for the implementation of tasks, finance, organizational apparatus and personnel. 

4. Company president, member of the Members' Council, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, controller of a State-owned one-member limited liability company as a redundant owner due to equitization, assignment, sale, dissolution, merger, consolidation, division, separation, bankruptcy, or transformation into a limited liability company with two or more members or a single public non-business positions under decisions of competent state agencies; Directors, Deputy Directors and Chief Accountants of redundant state-owned agricultural and forestry farms due to rearrangement in accordance with the Government's Decree No. 170/2004/ND-CP dated September 22, 2004 on arrangement , renovation and development of state-owned farms, Decree No. 200/2004/ND-CP dated December 3, 2004 of the Government on arrangement, renewal and development of state-owned forestry farms.

5. People who are cadres and civil servants appointed by competent authorities to participate in the management or authorized representation of the state capital portion in a state-owned enterprise which has surplus due to the restructuring of such enterprise. 

6. People working on the payroll are assigned by competent state agencies to associations on the redundant list due to organizational reorganization under decisions of competent agencies.

According to this Article, cadres and civil servants who fall into the above cases will be downsized according to the provisions of law in Vietnam.

What are rules for downsizing in Vietnam?

Article 4 of Decree 108/2014/ND-CP stipulates rules for downsizing as follows:

1. Ensure the administration of the Communist Party and the management of the State; uphold the supervisory role of socio-political organizations and citizens during the downsizing.

2. Examine, reorganize, evaluate and classify permanent officials and public employees.

3. Commit that the downsizing is conducted democratically, objectively, openly and transparently and in accordance with applicable laws.

4. Sufficiently and timely settle all severance packages to displaced employees under applicable laws.

5. The Heads of organizations shall be responsible for the downsizing within their jurisdiction.

The above is the legal regulation on the principle for downsizing of cadres and civil servants in Vietnam.

Best Regards!