The Ministry of Justice has just announced documents for the meeting to appraise the draft Decree amending and supplementing a number of articles of Decree No. 29/2023 of the Government on staff streamlining, drafted by the Ministry of Home Affairs.
According to the drafting agency, the draft Decree was developed on the basis of inheriting Decree No. 29/2023 and has amended and supplemented a number of contents.
Currently, Point d, Clause 1, Article 2 of Decree No. 29/2023 stipulates the subjects implementing the staff reduction policy: There are 2 consecutive years at the time of the staff reduction consideration, cadres, civil servants and public employees have 1 year of quality classified as task completion and 1 year of not completing tasks but cannot be arranged for other suitable jobs.
In the new draft decree, the Ministry of Home Affairs proposed to replace it with consecutive previous regulations or within the year, consider streamlining the payroll to classify quality as not completing the task.
This regulation is to ensure compliance with the provisions of the draft Law on Cadres and Civil Servants in 2024 that is about to be issued (resolving the termination of resignation for civil servants who have not completed their duties for 1 year).
Also in Decree 29/2023, the case of staff streamlining is that cadres, civil servants, and public employees have 2 consecutive years at the time of staff streamlining consideration and each year has a total of working days off equal to or higher than the maximum number of days off due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency to pay sick leave according to current regulations of law.
The Ministry of Home Affairs proposes to replace it with a regulation in the previous year or in the year of streamlining the payroll with a total number of sick leave days equal to or higher than 300 days, with confirmation from the Social Insurance agency to pay sickness allowances according to current regulations of law.
The drafting agency explained that this is to comply with the reality that in 1 year, there are many sick leave days (more than 300 days), which means that the staff must be streamlined.
The new draft Decree removes cadres, civil servants and public employees who are under disciplinary action but have not been dismissed or forced to quit their jobs according to the provisions of law at the time of the staff streamlining consideration, individuals who voluntarily carry out staff streamlining, and are approved by the agency, organization or unit directly managing them.
According to the explanation for this removal because according to the law, those who are disciplined will be assessed as not completing their tasks. Therefore, these subjects are subject to the above-mentioned staff streamlining.
