Entitled to Downsizing Due to Pulmonary Tuberculosis?

According to Article 6 of Decree 108/2014/ND-CP and Article 1 of Decree 113/2018/ND-CP, the provisions for staffing reduction are specified. To be specific:

- Redundancy due to review, reorganization of the organizational apparatus, and personnel as per the decision of the competent authority of the Communist Party, the State, or due to a public service provider reorganizing the organizational apparatus and personnel to implement policies of autonomy and self-responsibility for performing tasks, finances, organizational apparatus, and personnel;

- Redundancy due to restructuring of officials and public employees according to job positions, but unable to arrange other employment;

- Not meeting the training standards in terms of professional expertise required for the current job position, with no other suitable job position available for arrangement, and unable to undertake retraining to standardize professional qualifications or another job arranged by the agency, the individual voluntarily undertakes staff reduction and is consented by the direct management agency or unit.

- Having a training specialty not suitable for the current job position, thus limiting the capability to complete assigned tasks, with no other job position available for arrangement, or another job arranged by the agency, the individual voluntarily undertakes staff reduction and is consented by the direct management agency or unit.

- Having 2 consecutive years immediately preceding the consideration of staff reduction where officials are classified and evaluated as completing tasks but with limited capability, or 1 year of completing tasks but with limited capability and 1 year of not completing tasks, and unable to arrange other suitable employment, or not completing tasks in the year immediately preceding the consideration of staff reduction, the individual voluntarily undertakes staff reduction and is consented by the direct management agency or unit.

- Having 2 consecutive years immediately preceding the consideration of staff reduction, where public employees have 1 year classified as completing tasks and 1 year of not completing tasks, and unable to arrange other suitable employment, or not completing tasks in the year immediately preceding the consideration of staff reduction, the individual voluntarily undertakes staff reduction and is consented by the direct management agency or unit.

- Having 2 consecutive years immediately preceding the consideration of staff reduction, where in each year the total number of days off work is equal to or exceeds the maximum number of days off due to illness as stipulated in clause 1 Article 26 of the Social Insurance Law, with certification from the healthcare provider and the Social Insurance authority that pays sickness benefits according to current legal provisions, or in the year immediately preceding the consideration of staff reduction, the total number of days off work equals or exceeds the maximum number of days off due to illness as stipulated in clause 1 Article 26 of the Social Insurance Law, the individual voluntarily undertakes staff reduction and is consented by the direct management agency or unit.

- Officials and public employees in leadership and management positions relinquishing their posts due to organizational restructuring as per the decision of the competent authority, voluntarily undertaking staff reduction, and being consented by the direct management agency or unit.

Thus, if you have tuberculosis, you are not entitled to leave under policies 108 (staff reduction).

If you wish to resign, you may terminate your employment and enjoy the severance policies under Decree 29/2012/ND-CP.

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