Proposal for leave of absence for part-time commune-level workers

The Ministry of Justice is reviewing the draft Decree amending and supplementing a number of articles of Decree No. 29/2023 of the Government on streamlining the payroll. The draft decree is being developed by the Ministry of Home Affairs.

One of the notable points in the draft decree is that the drafting agency proposes a policy for non-professional workers at the commune, village, and residential group levels who are redundant due to the rearrangement of commune-level administrative units to retire immediately from the time of the rearrangement decision by the competent authority.

The Ministry of Home Affairs has proposed a policy for part-time workers at the commune level to retire immediately upon the implementation of the two-tier local government model. (Illustration photo)

People who have not reached retirement age enjoy 3 regimes

According to the draft decree, to comply with the policy of ending the use of part-time workers at the commune level when implementing the 2-level local government model, the Ministry of Home Affairs proposed to design policies for part-time workers at the commune, village, and residential group levels into 2 articles.

Specifically, Article 9 stipulates policies for part-time workers at the commune level who retire immediately upon implementation of the two-level local government model according to the provisions of the Law on Organization of Local Government; Article 10 stipulates policies for part-time workers in villages and residential groups who retire immediately upon the decision on arrangement by the competent authority.

According to the Ministry of Home Affairs, the policy applied to the group of non-professional workers at the commune level who retire immediately upon implementing the 2-level local government model is designed according to the working process, similar to the design of the resignation policy for commune-level officials and civil servants in Decree No. 178/2024.

Specifically, part-time workers at the commune level who have not reached retirement age according to regulations are entitled to the following 4 regimes at the same time:

Firstly, the group with less than 5 years of work and compulsory social insurance contributions will receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of work with compulsory social insurance contributions.

This group also receives a subsidy equal to 1.5 times the current monthly allowance for each year of work with compulsory social insurance.

Receive 3 months of current monthly allowance to find a job; reserve compulsory social insurance payment period or receive one-time social insurance according to regulations of law on social insurance.

Second, people with at least 5 years of work experience with compulsory social insurance and 5 years or less until retirement age are entitled to a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of early retirement compared to retirement age.

This group continues to receive a subsidy equal to 1.5 times the current monthly allowance for each year of work with compulsory social insurance.

Third, people who have worked for at least 5 years with compulsory social insurance and have at least 5 years left until retirement age are entitled to a one-time allowance equal to 0.8 times the current monthly allowance multiplied by 60 months.

This group is entitled to a subsidy equal to 1.5 times the current monthly allowance for each year of work with compulsory social insurance.

For commune-level cadres and civil servants who are reorganized into commune-level administrative units in the period 2023-2025, if they are assigned to work as part-time commune-level workers, they will enjoy the benefits as prescribed above. The current monthly salary used to calculate the allowance is the salary of the previous month of the position of commune-level cadres and civil servants before being assigned to work as part-time commune-level workers.

The drafting agency proposes that for non-professional workers at the commune, village, and residential group levels who have reached retirement age or are receiving pension or disability benefits, when they retire immediately, they will receive a subsidy equal to 15 months of the current monthly allowance (equal to 1/2 of the subsidy level of Decree No. 178/2024/ND-CP).

Policy for part-time workers in villages and residential groups to quit immediately

For non-professional workers in villages and residential groups who are laid off immediately after the decision to reorganize by competent authorities, the draft decree also provides a new policy.

Specifically, for those who have not reached retirement age, they will enjoy the same regime as those for non-professional workers at the commune level who retire immediately upon implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government mentioned above.

However, because part-time workers in villages and residential groups are not subject to compulsory social insurance, the working time to calculate the allowance for these cases is calculated to include: working time with compulsory social insurance; working time in the position of part-time worker in villages and residential groups (not subject to compulsory social insurance).

For part-time workers in villages and residential groups who have reached retirement age or are receiving pension or disability benefits, they are entitled to a one-time subsidy equal to 15 months of their current monthly allowance (similar to the policy for part-time workers at the commune level who have reached retirement age or are receiving pension or disability benefits).

According to VOV

Source: https://baothanhhoa.vn/de-xuat-che-do-cho-nguoi-hoat-dong-khong-chuyen-trach-cap-xa-nghi-viec-250488.htm