The Government stipulates 13 categories of cadres, civil servants and public employees subject to staff streamlining.
According to the provisions of Decree 108/2014/ND-CP and Decree 113/2018/ND-CP of the Government, there are 13 groups of cadres, civil servants, public employees, and workers subject to annual staff reduction. Specifically:
(1)Redundant cadres, civil servants and public employees due to review,reorganization, personnel according to the decision of the competent authority of the Party, State or by the public service unit rearranging the organization and personnel to implement the autonomous regime, self-responsibility for performing tasks, finance, organization and personnel.
(2)Redundant cadres, civil servants and public employees due to restructuring of cadres, civil servants and public employees according to job positions, but cannot be arranged or assigned to other jobs.
(3)Cadres, civil servants and public employees who have not achieved the training level according to the professional and technical standards prescribed for the job position they are holding, but do not havejob positionOther suitable for placement and cannot be re-arranged for professional and technical standardization or arranged by the agency to do other jobs, the individual voluntarily implements staff streamlining and is approved by the agency or unit directly managing.
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Officials of Nghia Trung commune (Nghia Dan) handle administrative procedures for people through the One-Stop Department. Illustrative photo: Thanh Le |
(4)Officials, civil servants, and public employees whose training major is not suitable for the current job position are limited in their ability to complete assigned work, but cannot be assigned other jobs or are assigned other jobs by the agency, the individual voluntarily implements staff streamlining and is approved by the agency or unit directly managing them.
(5)Cadres, civil servants and public employees who have 02 consecutive years at the time of considering streamlining the payroll, cadres and civil servants who are classified and evaluated as having completed their tasks but still have limited capacity or have 01 year of completing their tasks but still have limited capacity and 01 year of not completing their tasks but cannot be arranged for other suitable jobs or have not completed their tasks in the previous year at the time of considering streamlining the payroll, individuals voluntarily carry out streamlining the payroll and are approved by the agency or unit directly managing them.
(Currently, according to Decree 90/2020/ND-CP, the classification is no longer "completing tasks but still limited in capacity" but instead "Completing tasks", hopefully the Government will soon revise this content to comply with the new regulations).
(6)Cadres, civil servants, and public employees who have 02 consecutive years at the time of considering streamlining the payroll, public employees who have 01 year classified as completing tasks and 01 year of not completing tasks but cannot be arranged for other suitable jobs or did not complete tasks in the previous year at the time of considering streamlining the payroll, individuals who voluntarily implement streamlining the payroll and are approved by the agency or unit directly managing them.
(7)There are 02 consecutive years at the time of considering streamlining the payroll, in each year the total number of days off work is equal to or higher than the maximum number of days off work due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the medical examination and treatment facility and the Social Insurance agency paying sickness allowances according to current regulations of law or in the previous year at the time of considering streamlining the payroll, the total number of days off work is equal to or higher than the maximum number of days off work due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, the individual voluntarily implements streamlining the payroll and is approved by the agency or unit directly managing.
(8) People working under indefinite-term labor contracts in administrative agencies and public service units that have not been granted redundant autonomy due to organizational restructuring under the decision of a competent authority or due to the public service unit restructuring its apparatus and personnel to implement the autonomy regime and self-responsibility for task performance, finance, apparatus organization and personnel.
(9)Civil servants and employees working under indefinite-term labor contracts at public service units are given complete autonomy in performing tasks, finance, organizational structure, and redundant personnel due to organizational restructuring under the decision of a competent authority or due to the public service unit's restructuring of organizational structure and personnel to implement autonomy and self-responsibility for performing tasks, finance, organizational structure and personnel.
(10)Chairman of the company, member of the Board of Members, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, Controller of a single-member limited liability company with surplus State ownership due to equitization, assignment, sale, dissolution, merger, consolidation, division, separation, bankruptcy or conversion into a limited liability company with two or more members or conversion into a public service unit according to the decision of a competent State agency;
(11)Directors, Deputy Directors, Chief Accountants of state-owned agricultural and forestry farms that are redundant due to restructuring according to the provisions of Decree 118/2014/ND-CP dated December 17, 2014.
(12)Those who are cadres and civil servants assigned by competent authorities to participate in the management or authorized representation of the state capital portion in state-owned enterprises that have surplus due to restructuring of that enterprise.
(13)Employees on the payroll assigned by competent state agencies to associations on the list of surplus due to rearrangementorganized by decision of competent authority.