July 1, 2020, the 2019 Education Law came into effect. According to the law, new regulations on educational qualification standards will be applied. Teachers who do not meet the new standards will have to undergo a specific qualification upgrading process depending on each locality. Failure to upgrade qualifications may result in being subject to workforce reduction.
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To be specific: according to the provision at point c, clause 1, Article 6 of Decree 108/2014/ND-CP, which was amended and supplemented by Decree 113/2018/ND-CP, one of the cases for streamlined staffing is not meeting the educational qualifications according to the professional, occupational standards required for the current job position, but there is no other suitable job position to be assigned and retraining to meet professional, occupational standards is not possible or the agency assigns a different job, and the individual voluntarily agrees to the streamlined staffing and is approved by the directly managing agency.
In cases of streamlined staffing, teachers may resign after vocational training according to the provisions at clause 2, Article 10 of Decree 108/2014/ND-CP. This policy is applicable to those subject to streamlined staffing as provided for in Article 6 of Decree 108/2014/ND-CP, amended and supplemented by Decree 113/2018/ND-CP, ensuring the following conditions:
- Under the age of 45;- Having good health, sense of responsibility, and discipline awareness;- Currently holding jobs that are incompatible with their educational qualifications or training majors, and wishing to resign.
Those in the above case will be facilitated by the agency or unit for vocational training before resolving resignation, allowing them to find new employment. During the vocational training and job-seeking period, individuals are entitled to the following policies:
- Receive their current full monthly salary and the agency or unit will pay social insurance and health insurance during the vocational training period, with a maximum period of 6 months;- Receive an allowance for vocational training costs equivalent to a maximum of 6 months of their current salary to pay to the vocational training institution;- After completing the vocational training, receive a subsidy of 3 months' current salary at the time of attending the training to find a job;- Receive an allowance of 1/2 month's salary for each year of service with social insurance contributions;- The period of vocational training will be considered as continuous service time but will not count towards seniority for annual salary increases;- The social insurance contribution period will be preserved, and a social insurance booklet will be issued or a one-time social insurance allowance will be granted according to the provisions of the Social Insurance Law.
Thus, for cases where upgrading qualifications is not carried out according to the regulations but the unit implements the streamlined staffing policy, those teachers may be facilitated by the agency or unit for vocational training before resolving resignation, and they will be supported during vocational training and in transitioning to new employment.
Lan Anh
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