From July 1, 2020, public employees will have their employment contracts terminated in the following six cases

From July 1, 2020, public employees will have their work contracts terminated in the following 6 cases - Illustration

To be specific, at Clause 4, Article 2 of the Law Amending and Supplementing a Number of Articles of the Law on Cadres, Officials, and the Law on Public Employees 2019, a new point e has been added after point d, clause 1, Article 29 of the Law on Public Employees 2010 as follows:

e) Public employees who do not meet the requirements after the probationary period.

Thus, from July 1, 2020, public employees may have their work contracts unilaterally terminated by the public service provider in the following 6 cases:

- Public employees who have been rated as not completing their tasks for 2 consecutive years;

- Public employees who are forced to resign in accordance with point d, clause 1, Article 52, and clause 1, Article 57 of the Law on Public Employees 2010, specifically:

- Public employees who violate the provisions of law during the execution of their tasks or duties and are disciplined by forced resignation;- Public employees who are sentenced by a court to imprisonment without probation or are convicted by a court for acts of corruption are forced to resign from the date the court's judgment or decision takes effect;

- Public employees working under indefinite-term contracts who are ill and have been treated continuously for 12 months, and public employees working under fixed-term contracts who are ill and have been treated continuously for 6 months, but their working capacity has not yet been restored. When the public employee's health recovers, they will be considered for the re-signing of the work contract;

- Due to natural disasters, fires, or other force majeure reasons prescribed by the Government of Vietnam causing the public service provider to have to downsize, making the position held by the public employee no longer available;

- When the public service provider suspends operations by decision of the competent authority.

Note: The head of the public service provider is not allowed to unilaterally terminate the work contract with public employees in the following cases:

- Public employees who are ill or have had accidents and are undergoing treatment for occupational diseases according to the decision of the medical facility, except for public employees working under indefinite-term contracts who are ill and have been treated continuously for 12 months, and public employees working under fixed-term contracts who are ill and have been treated continuously for 6 months without their working capacity being restored;

- Public employees who are on annual leave, personal leave, and other leave approved by the head of the public service provider;

- Female public employees during pregnancy, maternity leave, or caring for children under 36 months old, except when the public service provider ceases operations.

Nguyen Trinh

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