Mr. Nguyen Van Le (name changed) raised questions about the case of Ms. Nguyen Thi A, born on February 20, 1988, who requested to immediately quit her job according to Decree No. 29/2023/ND-CP from January 1, 2025.
Mr. Le said that in 2023, Ms. Nguyen Thi A was evaluated and classified as a civil servant with the level of Completing the task.
Mr. Le learned that, at Point d, Clause 1, Article of Decree No. 29/2023/ND-CP: In the previous year or in the year of implementing the review of staff reduction, the quality is classified as completing the task or below, but the individual voluntarily implements staff reduction and is approved by the agency, organization, or unit directly managing him/her.
Ms. Nguyen Thi A's right retirement age is March 2048 (60 years old). As of January 1, 2025, she has 23 years and 3 months left until retirement age and has 15 years of social insurance contributions.
In Clause 1, Article 7 of Decree No. 29/2023/ND-CP: Subjects of staff streamlining whose age is at least 2 years lower than the retirement age specified in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP and who do not meet the conditions for early retirement policy specified in Clause 1, Clause 2, Clause 5, Article 5 of this Decree, if they immediately quit their jobs, will be entitled to benefits.
Ms. Nguyen Thi A has a request for unpaid leave approved by the employing agency from April 1, 2024 to December 31, 2024.
Meanwhile, according to Mr. Le's research, Article 4 of Decree No. 29/2023/ND-CP stipulates the subjects that have not yet implemented staff streamlining:
1. People who are pregnant, on maternity leave, or raising children under 36 months old, except in cases where individuals voluntarily downsize their payroll.
2. Those who are under disciplinary review or criminal prosecution or are being inspected or examined due to signs of violations.
"So, is the case of Ms. Nguyen Thi A (currently on unpaid leave, not on the agency's payroll list) eligible for staff reduction leave according to Decree No. 29/2023/ND-CP?" - Mr. Le wondered.
Regarding the reflection and recommendation of Mr. Nguyen Van Le, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the above content, Ms. Nguyen Thi A is not in the cases of not implementing staff streamlining according to Article 4 of Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating staff streamlining (hereinafter referred to as Decree No. 29/2023/ND-CP).
The Ministry of Home Affairs said that if Ms. A voluntarily implements staff streamlining and is approved by the agency, organization, or unit directly managing her, she is subject to staff streamlining according to the provisions of Point d, Clause 1, Article 2 of Decree No. 29/2023/ND-CP and is entitled to immediate termination policy according to the provisions of Clause 1, Article 7 of Decree No. 29/2023/ND-CP:
Receive a subsidy of 3 months of current salary to find a job; Receive a subsidy of 1.5 months of average salary for each year of work with compulsory social insurance.
