Eligibility for early retirement is not enjoyed severance allowance

Mon, 12 Mar 2018 15:48:04 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Ms. Kieu Thi Thuy Duong (in Lam Dong Province)  has become a regular staff since 1982, so far she has paid social insurance is 35 years 8 months. In June 2017, she proposed her school to sign a medical examination for health reasons and applied for early retirement. In August 2017, she received the medical examination with decline rate of 82% of working capacity.


Ms. Duong has filed for early retirement due to her health reasons and proposed her employer to allow her to enjoy a severance allowance, but the school said her case was not enjoyed severance allowance. Ms. Duong would like to ask, did her school say correct according to regulations?

The Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office, and the Hanoi Bar Association responds the question of Ms. Duong asked as follows:

According to Item 2, Article 187 of the Labor Code, An employee whose working ability has been declined; who performs a specially heavy, hazardous or dangerous job or a heavy, hazardous or dangerous job; works in a mountain, deep-lying, remote, border or island area in the list issued by the Government may retire before reaching the age specified in Clause 1 of this Article.

2.      Clause 2, Article 16 of the Ministry of Labor, War Invalids and Social Affairs's Circular No. 59/2015 / TT-BLDTBXH of December 29, 2015, guiding the Law on Social Insurance, employees who have paid social insurance premiums for full 20 years or more, they are entitled to a lower pension if their working capacity is reduced from 81% or more and male employees are full 50 years of age, female employees are full 45 years of age.

Under Clause 1, Article 45 of the Law on  Civil Servant, upon termination of the employment contract, the employee is entitled to a severance allowance, unemployment allowance or unemployment insurance in accordance with the law on labor and the law on social insurance, except for cases where the employee terminates his / her contract of employment when he / she decides to retire under Clause 5, Article 28 of the Law on Civil Servant.

Clause 4, Article 36 of the Labor Code stipulates that The employee fully meets the requirements on the time of payment of social insurance premiums and the age of retirement stated in Article 187 of this Code.

According to Item 1, Article 48 of the Labor Code, In case a labor contract terminates in accordance with Clause 1, 2, 3, 5, 6, 7, 9 or 10, Article 36 of this Code, the employer shall pay a severance allowance to the employee who has worked regularly for full 12 months or longer at the rate of half of a month’s wage for each working year.

Based on above regulations, Ms. Kieu Thi Thuy Duong works at an educational institution (school), when she terminates her employment contract (if she is a civil servant) or a labor contract (if she is an employee). For enjoyment of retirement benefits, she is not entitled to severance allowance.


          The Lawyer Tran Van Toan

The Khanh Hung’s Lawyer’s Office, The Hanoi Bar Association

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic


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