Chapter II
POLICIES FOR REDUNDANT EMPLOYEES
Article 3. Policies for redundant employees who are recruited before April 21, 1998 or April 26, 2002
A redundant employee prescribed in Point a or Point b Clause 1 Article 2 of this Decree is entitled to the following benefits:
1. A redundant employee whose age is younger than the retirement age prescribed in Clause 2 Article 169 of the Labour Code and Article 4 Decree No. 135/2020/ND-CP dated November 18, 2020 prescribing retirement ages (hereinafter referred to as “Decree No. 135/2020/ND-CP”) by 01 – 05 years, and who has paid social insurance for at least 20 years will receive retirement pension and the following benefits:
a) His/her pension will not be reduced due to early requirement;
b) He/she will receive an allowance equal to 03 months’ salary for each full year (i.e. 12 months, excluding incomplete month), of early retirement determined according to the retirement age prescribed in Clause 2 Article 169 of the Labour Code and Article 4 Decree No. 135/2020/ND-CP;
c) He/she will receive an allowance equal to 0,4 of the average statutory minimum monthly wages for each working year with payment of social insurance contributions.
2. A redundant employee whose age is younger than the retirement age prescribed in Clause 2 Article 169 of the Labour Code and Article 4 Decree No. 135/2020/ND-CP by fewer than 01 year, and who has paid social insurance for at least 20 years will receive retirement pension and the following benefits:
a) His/her pension will not be reduced due to early requirement;
b) He/she will receive an allowance equal to 0,2 of the average statutory minimum monthly wages for each working year with payment of social insurance contributions.
3. A redundant employee who reaches the retirement age prescribed in Clause 2 Article 169 of the Labour Code and Article 4 Decree No. 135/2020/ND-CP but has no more than 06 months of social insurance contribution left to be eligible to receive pension shall have the remaining social insurance contributions paid in lump sum by the State to the pension and death benefit fund in order to be eligible for retirement benefits. Total amount of social insurance contributions paid by the State equals the amount of social insurance contributions paid to the pension and death benefit fund by both employer and employee for the month preceding the month in which the employee quits his/her job multiplied by the number of required social insurance contribution months.
4. If a redundant employee prescribed in Point a Clause 1 Article 2 of this Decree is not eligible to receive the benefits prescribed in Clauses 1, 2 and 3 of this Article, he/she will terminate the signed employment contract and receive the following benefits:
a) The redundancy allowance prescribed in Article 47 of the Labour Code and Clause 2 Article 8 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020 eLabourating on some Article of the Labour Code concerning working conditions and Labour relations (hereinafter referred to as “Decree No. 145/2020/ND-CP”);
b) He/she will receive an allowance equal to 0,05 of the average statutory minimum monthly wages for each working year at the rearranged enterprise.
5. If a redundant employee prescribed in Point b Clause 1 Article 2 of this Decree is not eligible to receive the benefits prescribed in Clauses 1, 2 and 3 of this Article, he/she will terminate the signed employment contract and receive the following benefits:
a) The severance pay prescribed in Article 46 of the Labour Code and Clause 1 Article 8 of the Government’s Decree No. 145/2020/ND-CP;
b) He/she will receive an allowance equal to 0,2 month’s salary for each working year at the rearranged enterprise.
Article 4. Policies for redundant employees who are recruited from April 21, 1998 or April 26, 2002 onwards
A redundant employee prescribed in Point c or Point d Clause 1 Article 2 of this Decree is entitled to the following benefits:
1. The redundancy allowance prescribed in Article 47 of the Labour Code and Clause 2 Article 8 of the Government’s Decree No. 145/2020/ND-CP shall be paid to an employee of the rearranged enterprise prescribed in Clauses 1, 2, 3 and 4 Article 1 of this Decree.
2. The severance allowance prescribed in Article 46 of the Labour Code and Clause 1 Article 8 of the Government’s Decree No. 145/2020/ND-CP shall be paid to an employee of the rearranged enterprise prescribed in Clause 5 Article 1 of this Decree.
Article 5. Policies for representatives of enterprise’s stakes
1. Representatives of stakes of the rearranged enterprises prescribed in Point dd Clause 1 Article 2 of this Decree who are recruited before April 21, 1998 or April 26, 2002 are entitled to receive the benefits prescribed in Article 3 of this Decree.
2. Representatives of stakes of the rearranged enterprises prescribed in Point dd Clause 1 Article 2 of this Decree who are recruited from April 21, 1998 or April 26, 2002 onwards are entitled to receive the benefits prescribed in Article 4 of this Decree.
Article 6. Working period as the basis for calculation of benefits
1. The working period with social insurance contributions as the basis for calculation of the allowance prescribed in Point c Clause 1 and Point b Clause 2 Article 3 of this Decree is the length of time qualifying as the basis for payment of compulsory social insurance benefits as prescribed in the Law on social insurance.
2. The working period as the basis for calculation of redundancy allowance and severance allowance prescribed in Point a Clause 4, Point a Clause 5 Article 3 and Article 4 of this Decree shall be determined according to Clause 2 Article 47, Clause 2 Article 46 of the Labour Code and Clause 3, Clause 4 Article 8 of the Decree No. 145/2020/ND-CP.
3. The working period as the basis for calculation of the allowance prescribed in Point b Clause 4 and Point b Clause 5 Article 3 of this Decree is total length of time during which the employee has actually worked at the rearranged enterprise. The actual period of working for the rearranged enterprise shall be determined according to Point a Clause 3 and Clause 4 Article 8 of the Decree No. 145/2020/ND-CP.
4. The working period as the basis for calculation of the allowance prescribed in Point c Clause 1, Point b Clause 2, Point b Clause 4 and Point b Clause 5 Article 3 of this Decree is expressed in years (i.e. full 12 months). The working period of from 01 month to 06 months shall be considered a half of year, and the working period of more than 06 months shall be considered as a full year.
Article 7. Salary as the basis for calculation of benefits
1. The salary as the basis for calculation of the allowance prescribed in Point b Clause 1 Article 3 of this Decree is the average monthly wage as the basis for paying social insurance contributions of the 05 last working years before quitting the job.
2. The average statutory minimum monthly wages prescribed in Point c Clause 1, Point b Clause 2 and Point b Clause 4 Article 3 of this Decree shall be the average of the region-based statutory minimum monthly wages announced by the Government at the date on which the employee quits his/her job.
3. The salary as the basis for calculation of redundancy allowance and severance allowance prescribed in Point a Clause 4, Point a Clause 5 Article 3 and Article 4, and the allowance prescribed in Point b Clause 5 Article 3 of this Decree is the sum of base salary, allowances and other additional amounts as the basis for calculation of redundancy allowance and severance allowance specified in the employment contract as prescribed in Article 21 of the Labour Code and relevant guiding documents.
Article 8. Funding for implementation of policies for redundant employees
1. Funding for implementing policies for redundant employees as prescribed in Article 3 and representatives of enterprise’s stakes as prescribed in Clause 1 Article 5 of this Decree is stipulated as follows:
a) With regarding to a rearranged enterprise prescribed in Clause 1 Article 1 of this Decree, funding shall be the proceeds earned from initial offering of shares or selling of enterprise; If such proceeds are not enough for covering costs of implementation of such policies, funding from state budget shall be provided according to the Government’s Decree No. 148/2021/ND-CP dated December 31, 2021 on management and use of proceeds earned from transfer of ownership of enterprises and public service providers, transfer of state capital and difference between the owner's equity and charter capital of enterprises (hereinafter referred to as “Decree No. 148/2021/ND-CP”);
b) With regarding to a rearranged enterprise prescribed in Clause 2, 3 or 4 Article 1 of this Decree, funding shall be derived from state budget in accordance with the provisions of the Decree No. 148/2021/ND-CP;
c) With regarding to a rearranged enterprise prescribed in Clause 5 Article 1 of this Decree, funding shall be the proceeds earned during the dissolution or bankruptcy as prescribed by laws; If such proceeds are not enough for covering costs of implementation of such policies, funding from state budget shall be provided in accordance with the provisions of the Decree No. 148/2021/ND-CP.
2. Funding for implementing policies for redundant employees as prescribed in Article 4 and representatives of enterprise’s stakes as prescribed in Clause 2 Article 5 of this Decree is stipulated as follows:
a) With regarding to a rearranged enterprise prescribed in Clause 1, 2, 3 or 4 Article 1 of this Decree, funding for implementing policies shall be recorded as business expenses of the rearranged enterprise;
b) With regarding to a rearranged enterprise prescribed in Clause 5 Article 1 of this Decree, funding shall be the proceeds earned during the dissolution or bankruptcy as prescribed by laws; If such proceeds are not enough for covering costs of implementation of such policies, funding from state budget shall be provided in accordance with the provisions of the Decree No. 148/2021/ND-CP.
Tìm kiếm
Nghị định 97/2022/NĐ-CP (Bản Word)
Nghị định 97/2022/NĐ-CP (Bản Pdf)