Policy for employees who quit their jobs according to Decree 178

Nam Dương |

A reader with email tuyenthuhxxx@gmail.com asked: What policies are employees entitled to when they quit their jobs under Decree 178/2024/ND-CP?

The Lao Dong Newspaper Legal Consulting Office replied:

Article 10 of Decree 178/2024/ND-CP stipulates the policy on resignation for civil servants and employees as prescribed in Point a and Point c, Clause 1, Article 2 of this Decree as follows:

Civil servants and employees who are 02 years or more old and have reached the retirement age specified in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP and are not eligible for the early retirement policy specified in Article 7 of this Decree, if they quit their jobs, will enjoy the following benefits:

1. Receive severance pay:

a) For those who quit their jobs within the first 12 months from the date of the decision to reorganize the apparatus by the competent authority, they will receive a subsidy equal to 0.8 months of current salary multiplied by the number of months for which the severance allowance is calculated.

b) For those who quit their jobs from the 13th month onwards from the date of the decision to reorganize the apparatus by the competent authority, they will receive 0.4 months of current salary multiplied by the number of months for which the severance allowance is calculated.

2. Receive a subsidy of 1.5 months of current salary for each year of work with compulsory social insurance contributions.

3. Receive social insurance payment period reserved or receive one-time social insurance according to the provisions of the law on social insurance.

4. Receive unemployment insurance according to the provisions of the law on unemployment insurance.

Point c, Clause 1, Article 2 of Decree 178/2024/ND-CP stipulates that cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, units and armed forces due to the reorganization of the apparatus and administrative units at all levels (hereinafter referred to as the reorganization of the apparatus) as prescribed in Article 1 of this Decree, including:

c) People working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts are subject to the same policy as civil servants (hereinafter referred to as employees);

Thus, employees who are allowed to quit their jobs according to Decree 178/2024/ND-CP are entitled to the above policy.

Legal advice

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Nam Dương
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