Policies for professional soldiers, defence workers/officers who change or quit their jobs
01/03/2022 09:10 AM
Prime Minister Pham Minh Chinh has approved Decree No 19/2022/ND-CP that stipulates the implementation of regimes and policies for professional soldiers, defence workers and officers who change jobs or resign under the provisions of the Law on Professional Soldiers, National Defence Workers and Officials.
Accordingly, professional soldiers, defence workers and public employees who change their jobs to work at agencies and organisations receiving salaries from the State budget are given priority to get new jobs that are suitable to their profession, technical skills and expertise. They will be trained and retrained to meet the new job requirements.
They are exempt from the entrance examination if they return to work for the agency where they worked before serving in the army or if they change their major at the request of a competent State agency.
Professional soldiers are classified and get salaries based on the new jobs and new positions from the effective date of the decision to change branches.
In case the new salary by group, rank or grade is lower than the salary they received at the time of job switching, their salary and seniority allowances are reserved for 18 months from the effective date of the decision to change majors and shall be paid by their employers. The continuation of the payment of reserved salary beyond the 18-month period shall be considered and decided by the head of the agency competent to manage cadres, civil servants and public employees in accordance with the internal salary correlation.
After the salary reservation period, they will continue to enjoy the seniority allowance or their working years will be added to calculate the seniority allowance in the industries entitled to the allowance.
Photo for illustration. Source: Chinhphu.vn
Professional soldiers, defence workers and officers who used to work in the sector and are eligible for a pension would have their pension calculated based on the average salary during the time they worked in the military if the average salary during their last job is lower than the average monthly salary at the time of changing jobs.
Professional soldiers, defence workers and employees who have changed jobs and are not eligible for a pension, but quit their jobs, in addition to the social insurance regime as prescribed, will be entitled to the severance allowance paid by the last agencies and organisations they worked for.
For each year of service in the Army, a subsidy is equal to 1 month's salary of the month preceding the change of occupation, converted according to the salary regime prescribed at the time of resignation to serve as a basis for calculating the allowance.
The Decree also stipulates the regimes and policies for professional military personnel, defence workers and public employees who change their profession to work at enterprises and units that do not receive funding from the state budget as follows:
They can reserve the time for which social insurance premiums have been paid in accordance with the current law on social insurance.
They are entitled to a one-time allowance, for each working year, they are entitled to a subsidy equal to 1 month's salary of the month preceding the change of profession, paid by professional military agencies, units and enterprises under the Ministry of National Defence.
When they are eligible for a pension, they may apply social insurance regimes in accordance with the current law on social insurance, but cannot apply the method of calculating the average monthly salary on which social insurance premiums are used for calculating the pension.
Professional soldiers, defence workers and officials who have changed jobs due to the requirements of their tasks, are decided by the competent authorities to return to serve in the Army, the time of changing jobs at the agencies or organisations will be counted into the continuous working time for consideration of the salary increase, military rank and working seniority.
Implement regimes and policies for professional servicemen who have returned to the locality no more than 1 year (12 months) from the effective date of the decision to enlist as follows:
If they are recruited to work at agencies and organisations receiving funding from the state budget, they shall be entitled to the regime of changing professions, and at the same time must return the one-time service allowance and one-time social insurance allowance that they received in accordance with the law on social insurance.
The head of the agency, unit or enterprise where the professional soldier worked before serving as a conscript shall direct the withdrawal of the decision on enlistment and the aforesaid allowances; issue a decision or report to the competent authority to make the decision to switch job; pay the collected subsidies to the State budget and the specialised collection account of the Ministry of National Defence’s Social Security Agency; complete the application file for the Ministry of National Defence’s Social Insurance Agency for certification, reserve the previous period of social insurance payment as prescribed.
If they are recruited to work at enterprises and units that do not receive funding from the state budget but wish to reserve the time of paying social insurance premiums, they must return the one-time social insurance allowance that they had received in accordance with the law on social insurance. The head of the agency, unit or enterprise where the professional soldier worked before serving in the army shall direct the recovery of the lump-sum social insurance allowance to be remitted to the collection account of the Ministry of National Defence’s Social Security Agency; complete the application file for the Ministry of National Defence’s Social Security Agency for certification, reserve the previous period of social insurance payment as prescribed. When eligible for a pension, the calculation of the average monthly salary on which social insurance premiums are based shall not be applied as a basis for calculating the pension.
In case the agency, unit or enterprise where the professional soldier worked before enlistment is merged or dissolved, it shall be managed by the agency, unit or enterprise after the merger or by a superior agency or unit that directly managed the dissolved agency, unit or enterprise.
The time of professional servicemen returning to the locality is not counted as working time participating in social insurance.
The Decree also stipulates regimes and policies for employees and defence officers who quit their jobs./.
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