Cases Where Resignation Is Not Accepted for Public Employees from 2019

21:19, 10/07/2024

This is one of the new contents added in Decree 161/2018/ND-CP amending and supplementing several regulations on the recruitment of officials and public employees, promotion of officials, and classification upgrade of public employees.

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To be specific, according to Article 38 of Decree 29/2012/ND-CP, public employees are resolved to quit in the following cases:

- Public employees who voluntarily resign and are approved in writing by the competent authority, agency, or unit;

- Public employees unilaterally terminate the employment contract as prescribed in Clauses 4 and 5, Article 29 of the Law on Public Employees;

- Public non-business units unilaterally terminate the employment contract with public employees when one of the cases stipulated at Points c, d, and dd, Clause 1, Article 29 of the Law on Public Employees occurs.

However, according to Clause 15, Article 2 of Decree 161/2018/ND-CP, supplementing Clause 4, Article 38 of Decree 29/2012/ND-CP, from January 15, 2019, there are 02 cases where policies on quitting for public employees will not be implemented:

- Public employees who are approved by the competent authority, agency, or unit to transfer to work at another agency, organization, or unit within the political system;

- Public employees who have received retirement notices or are subject to workforce streamlining as prescribed by law.

(The previous regulations in Decree 29/2012/ND-CP did not mention this content).

Nguyen Trinh

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