Can illegal dismissal of civil servants be subject to criminal prosecution?
(Baonghean.vn) - I am a civil servant, I was just fired by my agency for not complying with the decision to assign work to my superiors, however I find this to be illegal, I would like to ask if this is an act that can be prosecuted criminally? - Question from Ms. Tran Thi Minh (Hoang Mai Town).
Reply:
According to the provisions of Article 162 of the 2015 Penal Code, amended by Clause 32, Article 1 of the Law amending the 2017 Penal Code, as follows:
Crime of forcing civil servants and public employees to quit or illegally dismissing employees:
1. Anyone who, for personal gain or other personal motives, commits one of the following acts causing serious consequences shall be subject to a fine of from VND 10,000,000 to VND 100,000,000, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year:
a) Making illegal decisions to dismiss civil servants and public employees;
b) Illegal dismissal of employees;
c) Coercing or threatening to force civil servants, public employees, and workers to quit their jobs.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 200,000,000 or imprisonment from 01 year to 03 years:
a) For 02 people or more;
b) For women who know they are pregnant;
c) For people raising children under 12 months old;
d) Causing a person who is forced to quit or is fired to commit suicide;
d) Causing other very serious or especially serious consequences.
Thus, the crime of illegally forcing a civil servant to resign is considered a less serious crime and the statute of limitations for criminal prosecution is 05 years from the date the crime is committed.
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