In the process of implementing the resolution of the pension regimes for employees, Vietsovpetro officials noticed even though there are many EMPLOYEES working at Vietsovpetro many years but have not yet understood the policy regime for Vietsovpetro's pensioners compared to the current labor law, what's the difference. Through the article the author, who is many years in charge of this array will analyse in detail the benefits that EMPLOYEES will be entitled upon termination of the employment contract to retire, with the desire to provide the information to help EMPLOYEES better understand the policies of the regime, Vietsovpetro, particularly those EMPLOYEES are intending to retire before age 60 years ago (male women, before age 55) will have more choices, considerations to select the appropriate time for themselves when deciding to terminate the employment contract to retire and enjoy the highest benefits. Under the current labor laws, employees terminated labor contracts to retire is regulated in article 36 and article 187, specifically as follows: Article 36, paragraph 10; Regulations 10 the case of termination of the employment contract, which terminates the labor contract to retire are specified in clause 4 "qualified workers on-time social insurance and old age pension paid under the provisions of article 195 of this law"Article 187 provisions on retirement age, including 4 terms:1. guaranteed conditions of workers on the social insurance period under the provisions of the law on social insurance are entitled to pensions at age 60, enough when South female age 55. 2. impaired workers labor ability; the work is especially heavy, toxic, dangerous; made of heavy-duty, toxic, dangerous; working in the high, remote areas, borders, Islands in the category due to government regulations can retire at a younger age than the provisions in clause 1 of this article. 3. Employees have high qualification workers make the management and some other special cases can retire at the age of 5 years but not more than higher than prescribed in paragraph 1 of this article. 4. The Government detailing the item 2 and paragraph 3 of this article.In addition article 48, paragraph 3 stipulates the cases be paid retrenchment, pay retrenchment method: 1. When the labor contract termination in accordance with clause 1, 2, 3, 5, 6, 7, 9 and 10 of this law article 36 the employer is responsible to pay retrenchment for workers worked regularly from 12 months or more, each full year of subsidized work, half the salary. 2. Working time for retrenchment is the total time the employee has worked for the practical use of labor minus the time workers have joined the unemployment insurance under the provisions of the law on social insurance and working time have been the employers pay retrenchment.3. The salary for the calculation of retrenchment is the average wage under the labor contract of the adjacent 06-before workers retrenchment.So, according to clause 1, article 48 of the current labor laws, employers have no duty to pay retrenchment for the employee to terminate the labor contract according to clause 4 (termination of labor contract to retire). If article 36 paragraph 1 applied to terminate labor contracts with the reason "labour contract" then new Vietsovpetro solve retirement mode, then the EMPLOYEES only receive retrenchment for the total time that EMPLOYEES working for Vietsovpetro RE-TRAINING time minus insured unemployment (K2 , Article 48). Vietsovpetro has along with ITS STAFF, fact extract filed for unemployment insurance for the social insurance agency from 01/01/2009. The modes are affected when EMPLOYEES terminate labor contract according to the regulations of Vietsovpetro staff (10 Points. e, 10. h 27 Items): -EMPLOYEES are paid with money these days allowed.-Termination of labour contract, including terminating labor contracts to retire, EMPLOYEES have been working regularly in the Vietsovpetro from 1 year upwards, are charged according to the level of retrenchment for every year worked at half the average wage in October Vietsovpetro 01 January adjoining end. For time travellers from one to six months to be counted is 6th, with the level of subsidies, the average salary of 0.25 in the 6th end of adjacent, from six months or more is counted as a year with the average wage level of 0.5 month last/06 in adjacent. -On the basis of the conclusions of the Board of medical examiners, when terminating labor contracts with the Vietsovpetro ahead of time as determined by Vietsovpetro, EMPLOYEES retirement age before (from 55 to under age 60, women from 50 to 55 years old) pay more subsidies supplemented by three (3) months of the average salary of 12 months working adjacent to each end in the rest until the age of retirement, for the remaining work time from 1 to 6th, is counted as 1/2 (half) year, for the working time from 6 months or more is counted as 1 year.With the nature of the trades of Vietsovpetro, most of the EMPLOYEES are from fifteen years hard work, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued. Therefore, under the provisions of the law on social insurance was reduced by 5 years, which means workers are men from the age of 55, women from the age of 50 have enough social insurance premiums for 20 years or more will not have to judge the ability of Labor Board of medical examiners in BA RIA-Vung Tau province, which is still eligible for social insurance agency to resolve pension regimes such as the case of nam from enough women, age 60 from 55 years of age. Vietsovpetro will base on the text confirms the health status or patient information Votes to resolve the subsidies according to the regulations stated on the staff. The labor ability assessment is only required to be made to solve the pension regime for these cases the employee is male from female, age 50 from 45 years to have enough social insurance premiums for 20 years but work in normal labor conditions or in the case of workers (age not specified) have enough social insurance premiums for 20 years There are over fifteen years enough when doing heavy-duty, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued and according to the provisions of the law on social insurance, the case must go to the examiner to resolve pension regime is reducing the level of pensions , just a year before retirement age regulations reduce 1%. Vietsovpetro just pay more subsidies supplemented by three (3) months of the average salary of 12 months of work adjacent to the end of each year (full 12 months) the rest up to the retirement age for men from 55 to under age 60, women from 50 to 55 years old. After the computer is enough for a 12-year break the rest of the month, travelers will be counted: From 1 to 6th, is counted as 1/2 (half) a year, from 6 months or more is counted as 1 year.So we can say the policy for retired EMPLOYEES of Vietsovpetro has more incentive than the labor code. The State encourages enterprises to build a policy for workers is higher than The labor law, but businesses have no obligation to commit to solving mode for higher workers permanently the labor code which according to the situation of each business, manufacturing business. Enterprises can adjust policy for EMPLOYEES match their financial resources but not be lower than that under the provisions of the labor code.
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