From 2020, Additional Circumstances for Termination of Employment Contracts for Public Employees

To be specific, according to Clause 3, Article 2 of the Draft supplementing Point e after Point d of Article 29 of the Law on Public Employees 2010, from January 1, 2020, in addition to the 05 cases where the public service provider can unilaterally terminate the working contract with a public employee as of now, there will be an additional case where the public service provider can unilaterally terminate the working contract with a public employee, which is “Public employees not meeting the requirements after the probation period”.

According to Clause 5, Article 2 of the Draft amending and supplementing Clause 1, Article 45 of the Law on Public Employees 2010, for cases where the public service provider unilaterally terminates the working contract with a public employee, the public employee will receive severance allowance, job loss allowance, or unemployment insurance benefits as prescribed by labor laws and social insurance laws, except for the following cases:

“a) Forced resignation;

b) Unilaterally terminating the working contract in violation of Clauses 4, 5, and 6, Article 29 of this Law;

c) Terminating the working contract as prescribed in Clause 5, Article 28 of this Law.”

It can be seen that the Draft clearly stipulates the policies for public employees when the public service provider unilaterally terminates the working contract with them, rather than the general policies for public employees when terminating the working contract as currently.

Nguyen Trinh

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