Do civil servants who are in detention receive salaries?

Hoang Huong August 7, 2022 12:18

(Baonghean.vn) - My agency has a civil servant who is currently being detained for investigation for violating regulations and causing serious damage to state property. I would like to ask: Is a civil servant who is being detained entitled to a salary? If so, what is the salary level?

(Le Trang, Nghi Phu commune, Vinh city)

Reply:

According to Clause 2, Article 81, Law on Civil Servants: “During the period of temporary suspension from work or temporary detention to serve the investigation, prosecution, and trial, civil servants and public employees shall receive salaries according to Government regulations.”

According to the provisions of Clause 1, Article 42, Decree 112/2020/ND-CP on the regime and policies for cases in temporary detention without being disciplined, the provisions are as follows:

During the time of detention without being subject to disciplinary action, officials, civil servants and public employees are still entitled to 50% of their salary. Illustration photo: Internet

During the timedetentionor are released on bail but are subject to measures prohibiting them from leaving their place of residence and are unable to continue working to serve the investigation, prosecution, or trial, or are temporarily suspended from work without being considered for disciplinary action, they will receive 50% of their current salary, plus leadership position allowance, seniority allowance beyond the framework, seniority allowance and salary retention differential coefficient (if any).

Casecadres, civil servants, public employeesIf a leader or manager is temporarily suspended from his or her position, he or she will not receive leadership or management allowance.

Thus, during the time of temporary detention without being subject to disciplinary review, the employee will still receive 50% of the current salary, plus leadership position allowance, seniority allowance beyond the framework, seniority allowance and salary retention differential coefficient (if any).

LEGAL POLICY DEPARTMENT - LABOR RELATIONS

NGHE AN PROVINCE LABOR FEDERATION

(Tel: 09 1974 2006; 0375 037 037)

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Do civil servants who are in detention receive salaries?
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