Dissolving 9 District Traffic Departments in Hai Duong, workers will receive severance pay, there is no basis for resolving unemployment benefits.
Recently, the Department of Labor, War Invalids and Social Affairs of Hai Duong province has issued official dispatches in response to a number of documents and requests from the District People's Committee and the Trade Union of the District Road Traffic Department regarding instructions on resolving the regime or requesting to resolve unemployment benefits for employees when the traffic department is dissolved.
According to the Department of Labor, War Invalids and Social Affairs of Hai Duong province, the termination of labor contracts due to the dissolution of the District Traffic Department is applied according to Clause 7, Article 34 of the Labor Code as "the employer is not an individual who ceases operations".
Therefore, employees are entitled to severance pay (each year of work is entitled to a half-month salary allowance, the salary used to calculate severance pay is the average salary of the 6 consecutive months according to the labor contract before termination, except for some other cases as prescribed).
At the same time, the dissolution of district traffic departments is not a case of unemployment benefits, so there is no basis for unemployment benefits for employees. The settlement of the regime for employees according to severance benefits is appropriate according to regulations.
To carry out the dissolution of the Traffic Department, the People's Committees of the districts are responsible for guiding and implementing the settlement of the regime for the employees of the Traffic Department according to regulations; the grassroots trade unions of the Traffic Departments of the districts need to compare with the instructions to explain to the employees.
Previously, under the direction of the Provincial People's Committee, the Department of Labor, War Invalids and Social Affairs sent a document requesting the People's Committees of districts to guide the Traffic Departments on terminating labor contracts, resolving regimes and severance pay for employees.
Priority is given to payment of salaries, social insurance, health insurance, unemployment insurance and other benefits of employees.
Review cases of employees eligible for severance pay to make final payment to employees...
9 Traffic Departments in 9 districts of Hai Duong were dissolved from January 1.
Before the dissolution, the 9 traffic districts had 207 employees (including district chiefs, deputy district chiefs, accountants, engineers, maintenance workers, etc.). All employees were fully insured, the average social insurance payment period was 17.95 years, the person with the longest social insurance payment period was 37 years, the lowest was under 2 years.
Regarding the plan for handling personnel after dissolution, those who were cadres, civil servants, and public employees before transferring to the traffic department to work will be reviewed by the People's Committees of the districts. If they fully meet the standards for civil servants, public employees, and approved job positions that are still lacking in agencies and public service units under the People's Committees of the districts, they will be considered and accepted according to their authority or submitted to the competent authority for decision. For those who do not need to transfer to work as civil servants or public employees, their labor contracts will be terminated and they will enjoy the regime according to the provisions of the Labor Code.
The Department of Labor, War Invalids and Social Affairs guides the People's Committees of districts to terminate labor contracts, resolve regimes and severance allowances for workers and laborers according to the provisions of the Labor Code.