Amendment to Regulations on Severance Allowance for Teachers from July 1, 2020

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To be specific, Clause 6 Article 2 of the Revised Law on Officials and Public Employees 2019 stipulates the cases in which public employees are entitled to severance pay, job loss allowance, or unemployment insurance benefits as follows:

Firstly: The public non-business unit unilaterally terminates the employment contract with the public employee.

Secondly: The contract expires but the employer does not renew the employment contract.

Thirdly: The public employee unilaterally terminates the contract due to illness, accident as stipulated in Clause 4 Article 29 of the Law on Public Employees 2010 or unilaterally terminates the contract according to the provisions in Clause 5 Article 29 of the Law on Public Employees 2010.

It can be seen that, compared to the provisions in the Law on Public Employees 2010, the Revised Law 2019 has specifically and clearly stipulated three cases in which public employees (including public employee teachers) are entitled to severance pay, job loss allowance, or unemployment insurance benefits according to labor law and social insurance law when terminating employment instead of the general provision of policies for public employees upon termination of employment as currently in effect.

Specifically, for the first case, the Revised Law 2019 adds an additional circumstance in which the public non-business unit unilaterally terminates the employment contract with the public employee, which is “The public employee fails to meet the required standards after the probationary period”, in addition to those cases already stipulated in Clause 1 Article 29 of the Law on Public Employees 2010 as current.

Moreover, in inheritance of the provisions of the Law on Public Employees 2010, the Revised Law 2019 also stipulates that teachers are not entitled to severance pay if they fall into one of the following cases:

- Dismissed;- Unilaterally terminate the employment contract in violation of the provisions in Clause 6 Article 29 of the Law on Public Employees 2010;- Terminate the employment contract according to the provisions in Clause 5 Article 28 of the Law on Public Employees 2010.

Le Hai

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