Four Cases Where Severance Policies Are Not Implemented from September 29, 2020

04 cases where resignation policies are not implemented from September 29, 2020 (Illustrative image)

Article 57 of Decree 115/2020/ND-CP stipulates that public employees shall be resolved for resignation in the following cases:

- Public employee unilaterally terminates the working contract as stipulated in Clauses 4, 5, and 6, Article 29 of the Public Employees Law;- Public non-business units unilaterally terminate the working contract with public employees when one of the cases specified at Points c, d, and dd, Clause 1, Article 29 of the Public Employees Law and Clause 4, Article 2 of the Law on Amendments and Supplements to a number of articles of the Law on Cadres, Officials and the Public Employees Law occurs;- Public non-business units do not continue to sign the working contract with public employees when the fixed-term working contract expires.

Additionally, public employees shall not be resolved for resignation if they fall into one of the following cases:

- Under disciplinary action period, under investigation, prosecution, or trial;- Having not fulfilled the working period committed with the public service provider when being sent for training;- Having not completed the payment of amounts and assets under the responsibility of the public employee to the public service provider;- Due to work requirements and no replacement personnel is arranged yet.

Procedures for resolving resignation are specifically stipulated as follows:

- In the case where a public employee unilaterally terminates the working contract, they must notify in writing to the head of the public service provider as prescribed in Clause 6, Article 29 of the Public Employees Law. Within 05 working days from the date of receiving the written request from the public employee, if the resignation is approved, the head of the public service provider shall terminate the working contract and resolve the resignation policies for the public employee as stipulated. If disapproved, the public service provider must reply to the public employee in writing, clearly stating the reasons.- In the case where the public service provider unilaterally terminates the working contract or does not continue to sign the working contract with the public employee, they must simultaneously handle the resignation policies for the public employee as stipulated.

Notably, resignation policies shall not be implemented for the following 04 cases:

- Public employee is agreed by the competent authority to transfer to work at another agency, organization, or unit within the political system;- Public employee has received a retirement notice or falls under the personnel streamlining subject according to law;- Public employee falls under the case where they are not entitled to resignation allowance as stipulated in Clause 2, Article 29 of the Public Employees Law.

For details, refer to Decree 115/2020/ND-CP, effective from September 29, 2020.

Le Vy

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