This is once again one of the noteworthy contents in the Draft Law amending and supplementing certain articles of the Law on Public Officials and the Law on Civil Servants, which is still in the period of soliciting feedback for approval.
Article table of contents
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To be specific, according to Clause 5, Article 2 of the Draft amending and supplementing Clause 1, Article 45 of the Law on Public Employees 2010, public employees are entitled to severance allowance, unemployment compensation, or unemployment insurance benefits according to labor laws and social insurance laws when a public service provider unilaterally terminates the working contract with a public employee, except for the following cases:
- Dismissal;- Unilateral termination of the working contract in violation of Clauses 4, 5, and 6, Article 29 of the Law on Public Employees 2010;- Termination of the working contract according to Clause 5, Article 28 of the Law on Public Employees 2010.
Thus, the Draft specifically stipulates the severance policies for public employees when a public service provider unilaterally terminates the working contract, not general policies for public employees when terminating the working contract as currently.
Nguyen Trinh
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