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How to determine time and salary to receive downsizing allowance from July 20

Báo Quốc TếBáo Quốc Tế06/06/2023


On June 3, 2023, the Government issued Decree 29/2023/ND-CP regulating staff streamlining, including instructions on how to determine salaries to receive staff streamlining allowances.
Cách xác định thời gian, tiền lương để hưởng trợ cấp tinh giản biên chế từ ngày 20/7
How to determine salary to receive payroll streamlining allowance from July 20, 2023. (Source: Thanh Nien)

How to determine salary to receive downsizing allowance

According to the new regulations in Article 10 of Decree 29/2023/ND-CP, the salary to receive the payroll streamlining allowance from July 20, 2023 is determined as follows:

- Current salary is the salary of the month immediately preceding the downsizing. Monthly salary is calculated including:

+ Salary according to rank, position, title, professional title or salary according to labor contract agreement or salary of company manager.

+ Position allowances, seniority allowances beyond the framework, seniority allowances, salaries and reserved differences (if any) according to the provisions of the law on wages

- Average salary is the average monthly salary of the last 5 years (60 months) before the downsizing. For those who have not completed 5 years (60 months) of work with social insurance, the average monthly salary of the entire working period is used.

How to determine the time to receive the downsizing allowance

In addition, the determination of time to receive the downsizing allowance is as follows:

- The time used as the basis for calculating the age for enjoying early retirement benefits and policies is the 1st day of the month following the month of birth of the subject.

Note: In case the subject's profile does not specify the date and month of birth in the year, take January 1 of the subject's year of birth.

- The total working time with compulsory social insurance but not yet receiving severance pay or one-time social insurance benefits or demobilization benefits will be used to calculate the allowances of the following policies:

+ Early retirement policy;

+ Policy of transferring to work at organizations that do not receive regular salaries from the state budget;

+ Severance policy;

+ Early retirement policy for commune-level cadres and civil servants who are redundant due to the rearrangement of commune-level administrative units with an age lower than the maximum of 10 years and lower than the minimum of 05 years compared to the retirement age according to the provisions of the law on social insurance.

Note:

If the total time for calculating the allowance has months, it will be rounded up according to the principle: from 01 month to 06 months is counted as 1/2 year and the allowance is equal to the allowance level of 1/2 year; from over 06 months to under 12 months is rounded up as 01 year.

The time to calculate the pre-retirement allowance if there are odd months will be rounded up according to the principle: from 01 month to 06 months is counted as 1/2 year and the allowance is equal to the allowance of 1/2 year; from over 06 months to under 12 months is rounded up to 01 year.

Decree 29/2023/ND-CP takes effect from July 20, 2023; The regimes and policies prescribed in this Decree shall be applied until December 31, 2030.



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