Do officials and public employees on maternity leave or raising small children face downsizing?

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According to the provisions of Article 6 of Decree 108/2014/ND-CP and Clause 2, Article 1 of Decree 113/2018/ND-CP, officials and public employees subject to downsizing include those in the following cases:

- Surplus due to review, reorganization of the apparatus, personnel by decision of the competent authority of the Communist Party, the State, or due to reorganization of the apparatus, personnel by a public service provider to implement policies of autonomy and self-responsibility in performing tasks, finances, apparatus, and personnel.

- Surplus due to structural adjustments of officials and public employees according to job positions, but unable to be arranged for other suitable jobs.

- Not meeting the training qualifications according to professional and operational standards for the current job position, with no other suitable job position to arrange and unable to retrain to standardize professional skills or the agency arranges another job, the individual voluntarily downsizes and the directly managing agency agrees.

- Having a training major incompatible with the current job, thus limiting their ability to complete assigned tasks, with no other suitable job arranged or the agency arranges another job, the individual voluntarily downsizes and the directly managing agency agrees.

- For two consecutive years at the time of consideration for downsizing, officials are categorized and evaluated as meeting the required tasks but with limited capacity, or one year meeting the required tasks but with limited capacity, and one year failing to meet the required tasks, without any other suitable job arrangement, or failing to meet the required tasks in the previous year at the time of consideration for downsizing, the individual voluntarily downsizes and the directly managing agency agrees.

- For two consecutive years at the time of consideration for downsizing, a public employee has one year categorized and evaluated as meeting the required tasks and one year failing to meet the required tasks, without any other suitable job arrangement, or failing to meet the required tasks in the previous year at the time of consideration for downsizing, the individual voluntarily downsizes and the directly managing agency agrees.

- For two consecutive years at the time of consideration for downsizing, in each year the total days of absence due to illness is equal to or exceeds the maximum permitted number of sick leave days as stipulated in Clause 1, Article 26 of the Law on Social Insurance, confirmed by the medical institution and the Social Insurance agency paying sickness allowance according to the current laws, or in the previous year at the time of consideration for downsizing, the total days of absence due to illness is equal to or exceeds the maximum permitted number of sick leave days as stipulated in Clause 1, Article 26 of the Law on Social Insurance, the individual voluntarily downsizes and the directly managing agency agrees.

Simultaneously, according to Article 7 of Decree 108/2014/ND-CP, there are three cases where downsizing is not considered, specifically:

- Individuals who are currently ill with confirmation from a competent medical authority.

- Officials, public employees, and workers who are pregnant, on maternity leave, or nursing a child under 36 months old.

- Individuals under disciplinary review or criminal investigation.

Thus, officials and public employees eligible for downsizing under Article 6 of Decree 108 but who are pregnant, on maternity leave, or nursing a child under 3 years old will temporarily not be subject to downsizing.

Once their child is 3 years old or older, officials and public employees can still be considered for downsizing if they fall into one of the above cases.

- Nguyen Trinh -

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