How to determine salary for staff to enjoy benefits when downsizing

HƯƠNG NHA |

The method of determining time and salary to calculate policies and regimes for subjects when streamlining the apparatus is clearly stated in Decree No. 178/2024/ND-CP.

The Government issued Decree No. 178/2024/ND-CP dated December 31, 2024, stipulating the regime and policies for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system.

The method of determining time and salary to calculate policies and regimes is clearly stated in Article 5 of this Decree.

The early retirement period to calculate the number of months to receive a one-time pension benefit is the time from the retirement date stated in the retirement decision to the retirement age specified in Appendix I and Appendix II of Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government, maximum 5 years (60 months).

The period for calculating severance allowance is the period of work with compulsory social insurance payment in agencies of the Party, State, socio-political organizations and armed forces as prescribed in Article 1 of this Decree:

In case the working time with compulsory social insurance payment is 5 years or more, the maximum period for calculating severance allowance is 5 years (60 months).

In case the working time with compulsory social insurance is less than 5 years, the period for calculating severance allowance is equal to the working time with compulsory social insurance.

The period for calculating allowances based on the number of years of work with social insurance contributions as prescribed in Point a, Point b and Point c, Clause 2, Article 7, Clause 2, Article 9 and Clause 2, Article 10 of this Decree is the total working time with compulsory social insurance contributions (according to each person's social insurance number) but not yet receiving severance pay, unemployment benefits or one-time social insurance benefits or demobilization benefits.

In case the total time for calculating the allowance has odd months, it will be rounded up according to the principle: from 1 month to 6 months is counted as 0.5 year; from over 6 months to under 12 months is counted as 1 year.

The time to calculate the allowance based on the number of years of early retirement specified in Point a, Point b and Point c, Clause 2, Article 7 of this Decree, if there are odd months, will be rounded up according to the principle: From 1 month to 6 months is counted as 0.5 year; from over 6 months to under 12 months is counted as 1 year.

The date used as the basis for calculating the age to enjoy the policy and leave regime is the 1st day of the month following the month of birth; in case the date and month of birth in the year are not specified in the records, the 1st day of January of the year of birth is taken.

Current monthly salary is the salary of the month immediately preceding the leave of absence, including: Salary level according to rank, level, rank, position, title, professional title or salary level according to agreement stated in the labor contract and salary allowances (including: Leadership position allowance; seniority allowance exceeding the framework; seniority allowance; preferential allowance according to profession; responsibility allowance according to profession; public service allowance; allowance for work of the Party, political and social organizations; special allowance for armed forces).

HƯƠNG NHA
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