The Government has just issued Decree No. 29/2023/ND-CP dated June 3, 2023 regulating staff streamlining, effective from July 20, 2023. The policies and regimes prescribed in this Decree shall be applied until December 31, 2030.
Subjects implementing the policy of streamlining payroll
The Decree stipulates that the following subjects implement the policy of streamlining payroll:
1. Cadres, civil servants, public employees; commune-level cadres, civil servants and people working under indefinite-term labor contracts in administrative agencies are subject to the same regimes and policies as civil servants according to Government regulations, if they fall into one of the following cases:
a) Surplus due to review and rearrangement of organizational structure and personnel according to the decision of competent authority or surplus due to the public service unit rearranging organizational structure and personnel to implement the autonomous mechanism;
b) Surplus due to rearrangement of administrative units at district and commune levels according to decisions of competent authorities;
c) Redundancy due to restructuring of cadres, civil servants and public employees according to job positions, but cannot be arranged or assigned to other jobs or can be arranged to other jobs but the individual voluntarily reduces the payroll and is agreed by the agency, organization or unit directly managing them;
d) Not yet meeting the training level according to the professional and technical standards prescribed for the current job position, but there is no other suitable job position to arrange and cannot arrange for retraining to standardize professional and technical skills or the agency arranges another job but the individual voluntarily implements staff streamlining and is agreed by the agency, organization or unit directly managing;
d) In 2 consecutive years at the time of considering streamlining the payroll, the cadre, civil servant, or public employee has 1 year of quality classification at the level of completing tasks and 1 year of not completing tasks but cannot be assigned to other suitable jobs; in the previous year or in the year of considering streamlining the payroll, the quality classification is at the level of completing tasks or lower but the individual voluntarily carries out streamlining the payroll and is approved by the agency, organization, or unit directly managing him/her;
e) There are 02 consecutive years at the time of considering streamlining the payroll, in each year the total number of days off work is equal to or higher than the maximum number of days off work due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law; in the previous year or in the year of considering streamlining the payroll, the total number of days off work is equal to or higher than the maximum number of days off work due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law, the individual voluntarily implements streamlining the payroll and is approved by the agency, organization or unit directly managing him/her;
g) Cadres, civil servants, and public employees in leadership and management positions and titles are removed due to the reorganization of the apparatus and administrative units according to the decision of competent authorities, individuals voluntarily carry out staff streamlining and are approved by the agency, organization, or unit directly managing them;
h) Cadres, civil servants and public employees who are being disciplined but not to the extent of being dismissed or forced to quit their jobs according to the provisions of law at the time of considering streamlining the payroll, individuals who voluntarily carry out streamlining the payroll, with the consent of the agency, organization or unit directly managing them.
2. People working under indefinite-term labor contracts performing professional and technical jobs in the list of specialized job titles and shared professional job titles in public service units according to Government regulations that are redundant due to organizational restructuring or human resource restructuring of the unit according to the decision of the competent authority.
3. Non-professional staff at the commune level who are redundant due to the rearrangement of commune-level administrative units and non-professional staff at the village and residential group who are redundant due to the rearrangement of villages and residential groups when rearranging commune-level administrative units must retire within 12 months from the date of the rearrangement decision by the competent authority.
Downsizing policy
The Decree clearly stipulates policies on streamlining payroll: Policy on early retirement; policy on transferring to work at organizations that do not receive regular salaries from the state budget; policy on termination of employment; policy on early retirement for commune-level cadres and civil servants who are redundant due to the rearrangement of commune-level administrative units whose age is lower than the maximum of 10 years and lower than the minimum of 05 years compared to the retirement age according to the provisions of the law on social insurance; policy for subjects of redundant payroll streamlining due to the rearrangement of district-level and commune-level administrative units who retire from the time of the rearrangement decision of the competent authority until before the end of the rearrangement roadmap...
In particular, regarding early retirement policy, the Decree stipulates:
1. The subjects of staff reduction must be at least 5 years younger than the maximum age and at least 2 years younger than the retirement age prescribed in Appendix II issued with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age (Decree No. 135/2020/ND-CP) and have paid compulsory social insurance for at least 20 years, including 15 years of working in a arduous, toxic, dangerous or especially arduous, toxic, dangerous job on the list issued by the Ministry of Labor - Invalids and Social Affairs or have worked for at least 15 years in an area with particularly difficult socio-economic conditions issued by the Ministry of Labor - Invalids and Social Affairs, including working time in a place with a regional allowance coefficient of 0.7 or higher before January 1, 2021. In addition to enjoying retirement benefits according to the provisions of the law on social insurance, you are also entitled to the following benefits:
a) No deduction of pension rate due to early retirement;
b) Receive a subsidy of 03 months of average salary for each year of early retirement compared to the retirement age prescribed in Appendix II issued with Decree No. 135/2020/ND-CP;
c) Subsidized 05 months of average salary for the first twenty years of work, with full payment of compulsory social insurance. From the twenty-first year onwards, for each year of work with compulsory social insurance payment, a subsidy of 1/2 month of salary will be granted.
2. Subjects of staff streamlining whose age is at least 05 years lower than the maximum and at least 02 years lower than the retirement age prescribed in Appendix I issued with Decree No. 135/2020/ND-CP and have paid 20 years or more of compulsory social insurance are entitled to pension according to the provisions of Article 54 of the Law on Social Insurance 2014 (amended and supplemented in 2019). In addition to enjoying the retirement regime according to the provisions of the law on social insurance, they are also entitled to the following regimes:
a) Receive a subsidy of 03 months of average salary for each year of early retirement compared to the retirement age prescribed in Appendix I issued with Decree No. 135/2020/ND-CP;
b) Enjoy the benefits prescribed in Point a and Point c, Section 1 above.
3. Subjects of staff reduction whose minimum age is 02 years lower than the retirement age specified in Appendix II issued with Decree No. 135/2020/ND-CP and have paid compulsory social insurance for 20 years or more, including 15 years of working in a arduous, toxic, dangerous or especially arduous, toxic, dangerous job on the list issued by the Ministry of Labor - Invalids and Social Affairs or having 15 years of working in an area with particularly difficult socio -economic conditions issued by the Ministry of Labor - Invalids and Social Affairs including the time working in a place with a regional allowance coefficient of 0.7 or higher before January 1, 2021 shall enjoy retirement benefits according to the provisions of the law on social insurance and shall not have their pension rate deducted due to early retirement.
4. Subjects of staff streamlining whose minimum age is 02 years lower than the retirement age specified in Appendix I issued with Decree No. 135/2020/ND-CP and have paid 20 years or more of compulsory social insurance (female cadres and civil servants at the commune level have paid 15 years or more of compulsory social insurance) shall enjoy retirement benefits according to the provisions of the law on social insurance and shall not have their pension rate deducted due to early retirement.
5. The subjects of staff reduction are female cadres and civil servants at the commune level whose age is at least 5 years lower than the maximum and at least 2 years lower than the retirement age prescribed in Appendix I issued with Decree No. 135/2020/ND-CP, who have paid compulsory social insurance for 15 years to less than 20 years, in addition to enjoying the retirement regime according to the provisions of the law on social insurance, they are also entitled to the following regimes:
a) No deduction of pension rate due to early retirement;
b) Receive a subsidy of 05 months of average salary and the regime prescribed in Point a, Section 2.
Regarding the policy of transferring to work at organizations that do not receive regular salaries from the state budget, the Decree stipulates:
1. Subjects of staff reduction who transfer to work at organizations that do not receive regular funding from the state budget are entitled to the following allowances:
a) Receive a subsidy of 03 months of current salary;
b) Subsidized 1/2 month of average salary for each year of work with compulsory social insurance.
2. The policy specified in Section 1 above shall not apply to those who have worked at a public service unit when the unit converts to a public service unit that self-insures regular expenses or a public service unit that self-insures regular expenses and investment expenses or an enterprise or is equitized and is still retained to work; Those who are subject to staff reduction are at least 3 years younger than the retirement age specified in Appendix II issued with Decree No. 135/2020/ND-CP, have paid compulsory social insurance for 20 years or more, including 15 years of working in arduous, toxic, dangerous or especially arduous, toxic, dangerous jobs on the list issued by the Ministry of Labor - Invalids and Social Affairs or have worked for 15 years or more in areas with particularly difficult socio-economic conditions issued by the Ministry of Labor - Invalids and Social Affairs, including working time in areas with regional allowance coefficient of 0.7 or more before January 1, 2021; Those who are subject to staff reduction are at least 3 years younger than the retirement age specified in Appendix I issued with Decree No. 135/2020/ND-CP and have paid 20 years or more of compulsory social insurance.
Source link
Comment (0)