This is one of the notable contents in the Law amending and supplementing a number of articles of the Law on officials and the Law on public employees, which was unanimously passed by the National Assembly on the afternoon of November 25, 2019, with 88.2% of the delegates approving.
Article table of contents
Illustrative photo
Evaluation and Classification Form for Officials and Public Employees
[](https://files.lawnet.vn//uploads/attachfiles/2019/10/28/113809BangLuongVietnamese official and public employee_2020%20%28dukien%29.xls "Download") Salary Table for Officials and Public Employees in 2020
To be specific, compared to Law on Public Officials 2010, this Law has added a case where a public service provider can unilaterally terminate the working contract with a public employee, that is “ Public employee does not meet the requirements after the probation period.”
Currently, this provision has also been mentioned in Decree 29/2012/ND-CP on the termination of working contracts for probationers, however, it has not been officially stipulated in the Law.
Thus, according to the Law on amendments and supplements to several articles of the Law on Officials and the Law on Public Employees, effective from July 1, 2020, public employees will have their working contracts terminated in the following cases:
- Public employee has been rated as not completing tasks for two consecutive years;
- Public employee is forced to resign according to the provisions at point d, clause 1, Article 52 and clause 1, Article 57 of the Law on Public Officials;
- Public employee working under an indefinite-term contract who has been ill and treated for 12 consecutive months, public employee working under a fixed-term contract who has been ill and treated for 06 consecutive months, yet the working ability has not recovered. When the health of the public employee recovers, they will be considered for a new working contract;
- Due to natural disasters, fire, or other force majeure reasons as regulated by the Government of Vietnam, causing the public service provider to reduce its scale, making the job position of the public employee no longer available;
- When the public service provider ceases operations according to the decision of the competent authority;
- Public employee does not meet the requirements after the probation period.
When the public service provider unilaterally terminates the working contract with a public employee, the public employee will be entitled to severance allowance, job loss allowance, or unemployment insurance benefits according to the provisions of the labor law and the social insurance law, except for cases of forced resignation.
Nguyen Trinh
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