The early retirement policy regime due to payroll reduction in 2022 will depend on each case, and there will be different regimes as prescribed in Decree 143/2020.

Early retirement policy due to downsizing in 2022

 

The early retirement policy regime due to staff reduction in 2022 is stipulated in Decree 143/2020/ND-CP, amending and supplementing a number of articles of Decree 108/2014/ND-CP on the retirement policy. staffing reduction and Decree 113/2018/ND-CP.

The early retirement policy regime due to payroll reduction in 2022 depends on each case.

 

Details are as follows:

 

Case 1:

Subjects to downsizing if their age is at least 5 years younger than the minimum age and at least 2 years younger than the minimum retirement age specified in Clause 3, Article 169 of the Labor Code 2019 and have full 20 years of premium payment. Social insurance premiums or more, including full 15 years of working in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs or full 15 years of working in regions with favorable economic conditions. - Especially difficult society, including working time in a place with a regional allowance coefficient of 0.7 or more, in addition to enjoying the retirement regime as prescribed by the law on social insurance, also enjoy the following modes:

 

- No deduction of pension rate due to early retirement.

 

- To receive 3 months' salary allowance for each year of retirement before the minimum age prescribed in Clause 3, Article 169 of the Labor Code.

 

- Receive a 5-month salary allowance for the first twenty years of work, with full social insurance contributions. From the twenty-first year onwards, for each working year with which social insurance premiums are paid, a subsidy of 1/2 (one-half) of the month's salary will be provided.

 

Clause 3, Article 169 of the Labor Code 2019 stipulates: "Employees have reduced working capacity; perform particularly heavy, hazardous and dangerous occupations or jobs; perform heavy or hazardous occupations or jobs. , dangerous; working in areas with extremely difficult socio-economic conditions may retire at a lower age but not more than 5 years old compared with the provisions in Clause 2 of this Article at the time of retirement, except for the following cases: otherwise provided for by law".

 

Thus, the minimum retirement age specified in Clause 3, Article 169 of the Labor Code 2019 (guided in Clause 2, Article 5 of Decree 135/2020/ND-CP dated November 18, 2020) upon retirement in 2022. to be:

 

- 55 years and 6 months for male employees.

 

- 50 years and 8 months for female employees.

 

Case 2:

 

Subjects of downsizing if their age is maximum 5 years old and at least full 2 ​​years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code and have full 20 years of paying social insurance premiums. and above, enjoy the retirement regime in accordance with the law on social insurance and the following regimes:

 

- No deduction of pension rate due to early retirement.

 

- Receive a subsidy of 5 months' salary for the first twenty years of work, with full payment of social insurance. From the twenty-first year onwards, for each working year with which social insurance premiums are paid, a subsidy of 1/2 (one-half) of the month's salary will be provided.

 

 - To receive 03 months' salary allowance for each year of retirement before the retirement age specified in Clause 2, Article 169 of the Labor Code.

 

In which, the retirement age in 2022 is specified in Clause 2, Article 169 of the Labor Code 2019 and guided in Clause 2, Article 4 of Decree 135/2020/ND-CP dated November 18, 2020 as follows:

 

- 60 years and 6 months for male workers

 

- 55 years and 8 months for female employees.

 

Case 3:

 

Subjects to downsizing if their age is 2 years younger than the minimum retirement age specified in Clause 3, Article 169 of the Labor Code 2019 and have paid social insurance premiums for full 20 years or more, of which 15 years of working in heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs or having worked for 15 years in areas with extremely difficult socio-economic conditions, including working time in a place where the regional allowance coefficient of 0.7 or more is available, then:

 

- To enjoy the retirement regime in accordance with the law on social insurance.

 

- No deduction of pension rate due to early retirement.

 

In which, the minimum retirement age is specified in Clause 3, Article 169 of the Labor Code 2019 (guided in Clause 2, Article 5 of Decree 135/2020/ND-CP). when he retires in 2021 is:

 

- 55 years and 6 months for male employees.

 

- 50 years and 8 months for female employees.

 

Case 4:

 

Subjects of downsizing if their age is 2 years lower than the retirement age specified in Clause 2, Article 169 of the Labor Code and have paid social insurance premiums for full 20 years or more:

 

- To enjoy the retirement regime in accordance with the law on social insurance.

 

- No deduction of pension rate due to early retirement.

 

In which, the retirement age in 2022 is specified in Clause 2, Article 169 of the Labor Code 2019 and guided in Clause 2, Article 4 of Decree 135/2020/ND-CP dated November 18, 2020 as follows:

 

- 60 years and 6 months for male workers

 

- 55 years and 8 months for female employees.

 

The above are the policies on early retirement due to downsizing in 2022.

 

In addition, downsizing the payroll in 2022 also has a subsidy policy for immediate termination of work, for people who move to work at organizations that do not receive regular salaries from the state budget.