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Which organization is responsible for paying severances?

Thu, 09 Feb 2017 16:39:53 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Mrs. Nguyen Thi Ngan had worked in the East Road Construction Company from November 1984 to May 1988, then she moved to work at the Coal Pile 6 Company - Vinacomin. On 10.12.2015 Mrs. Ngan terminated her employment contract with the Coal Pile 6 Company.

 Through VGP, JSC Road Bridge II asked, Does the Company has to pay the severance for Ms. Ngan? If have to pay,  How to calculate the severance for the years she had worked in the company (from November 1984 to May 1988 were 3 years 7 months)?

Ministry of Labour - Invalids and Social Affairs answered Company as follows:

According to the provisions of Clause 2, Article 38 of Decree No. 05/2015 / ND-CP of the Government dated 12.01.2015 and Clause 3 of Article 8 of Circular No. 47/2015 / TT-MOLISA dated 11/16/2015 of the Ministry of Labour - Invalids and Social Affairs, for enterprises with 100% state capital or equitization enterprises from state enterprises, When  termination of the labor contract that the employees had worked at the agency, organizations, units and enterprises in the public sector and moved to work in state-owned enterprises before the date 01.01.1995, but they had not yet received the severance payment or allowance for unemployment or benefits once before demobilization, demobilization allowance for employees who worked in units of the armed forces, the employer is responsible to pay the severance or unemployment allowance for the time the employee has worked for himself and paying severance for employee who had time to work for the agencies, organizations,  units and enterprises that belong to the public sector before.

Time for working at agencies, organizations and units, public sector enterprises before the 01/01/1995 includes: time employees actually worked in the State administrative agencies, State units, political organizations, political - social organizations , units of the armed forces which receive salaries from the state budget, while working in other state enterprises.

Pursuant to the above provision, Mrs. Nguyen Thi Ngan case with the period from 5/1988 to 11/1984 working at East Road Construction Company (is now 100% state capital equitized into Road Bridge II Joint Stock Company); from 6/1988 (before 01.01.1995) to 10/2015, she worked at Coal piles 6 Company- Vinacomin (now 100% state-owned enterprise), when termination of the labor contract in accordance with law the pile 6 Coal company - Vinacomin is responsible to pay her a severance for Mrs. Ngan during she worked in the pile 6 Coal Company - Vinacomin and East Road Construction Company.

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

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