Can I Receive Severance Allowance When Quitting to Stay Home and Support the Family?

12:39, 11/07/2024

Ms. Cap Thi Ha Nguyen inquires: The unit she works for is the Project Management Board of Quy Nhon City, Binh Dinh Province. Now there is a case where an employee is applying for leave due to family reasons, to help his family and not to transfer to another unit. Mr. A started signing a work contract for the Board from July 14, 2002, until now, but it was not until May 15, 2015, that Mr. A was recruited into the public employee rank. Thus, is Mr. A entitled to severance allowance or not?

The support department of ThuKyLuat.vn responds to your question as follows:

According to the provisions of Clause 1, Article 45 of the Law on Public Employees 2010 for public employees working at public service providers under employment contract policies, receiving salaries from the public service provider's salary fund: “Upon termination of the employment contract, the public employee is entitled to severance pay, job loss allowance, or unemployment insurance benefits in accordance with the provisions of labor law and social insurance law, except in cases specified in Clause 2 of this Article.”

Thus, only those public employees who are dismissed, unilaterally terminate employment contracts in violation of the notice period, when public employees are appointed by a competent authority to hold a position defined by law as an official at a public service provider or have a retirement decision, then the employment contract is automatically terminated and they are not entitled to severance pay, job loss allowance, or unemployment insurance benefits upon termination of the labor contract.

Therefore, if Mr. A unilaterally terminates the labor contract in accordance with the provisions of the notice period, Mr. A will be entitled to severance pay.

The severance pay entitlement is applied in accordance with the provisions of Article 39 of Decree 29/2012/ND-CP.

Linh Trang

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn