Surplus school staff after arrangement may retire early, receive additional allowances

Anh Tuấn |

Reader An An (Hanoi) asked: "What rights do school staff have if they become redundant due to school arrangements?

Answering the question of Lao Dong Newspaper readers, Lawyer Hoang Ha (Ho Chi Minh City Bar Association) said that for school employees such as accountants, clerks, cashiers, librarians, and equipment, the issue of concern today is whether they are civil servants, if they become redundant due to school arrangement, are they eligible for early retirement or resignation policies?

The answer is yes. The group of accountants, clerks, cashiers, librarians, equipment... if they are currently civil servants and become redundant personnel due to school arrangement, they may be subject to the policy of streamlining staff.

Point d, clause 3, Article 5 of Resolution 37/2026/NQ-CP stipulates that after being arranged for the remaining job positions, suitable positions or teacher positions if they meet the conditions, the remaining education support personnel will be resolved for staff streamlining policies according to Decree 154/2025/ND-CP.

However, it should be noted that this is not a mechanism where if there is surplus, they are automatically entitled to early retirement. If civil servants meet the conditions on age and social insurance contribution time according to Article 6 of Decree 154/2025/ND-CP, they can enjoy the policy of early retirement, including cases where they receive pensions without being deducted from the rate and receive additional allowances.

If they do not meet the conditions for early retirement, they can be terminated immediately according to Article 7 of Decree 154/2025/ND-CP, with an allowance of 3 months of current salary to find a job and 1.5 months of salary for each year of work with compulsory social insurance contributions.

Thus, the law prioritizes rearranging personnel first. Only the truly redundant part after arrangement will be transferred to resolving the staff streamlining policy.

Anh Tuấn
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