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QUESTION:

I am an official, I submitted a resignation letter, but the hospital said it was short of human resources, so it temporarily did not handle it. So after 45 days do I have the right to take a break? Will it affect my insurance policy and practicing certificate?

ANSWER:

Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

Regarding your question, based on Clauses 4 and 6, Article 29 of the Law on Public Employees 2010, as amended and supplemented in 2019, for public employees working under an indefinite term contract, they have the right to unilaterally terminate terminate the contract but must notify in writing the head of the public non-business unit at least 45 days in advance; In case an employee is sick or has an accident that has been treated for 06 consecutive months, at least 03 days' notice must be given. An employee who signs a definite-term labor contract may unilaterally terminate the labor contract and must notify the organization at least 03 days in advance or at least 30 days, depending on the case prescribed by law. Within 05 working days from the date of receiving the resignation letter, the hospital is responsible for processing the resignation. However, in case a replacement is not available due to work requirements and a replacement cannot be arranged, the employee's resignation will not be settled according to the provisions of Point d, Clause 2, Article 57 of Decree 115/2020/ND-CP. The current law does not have specific regulations on the maximum time for the hospital to arrange a replacement. Thus, the employee must continue to work and wait until the job requirements have been guaranteed and the hospital can arrange a replacement before being dismissed.

In addition, in the complicated situation of the Covid-19 epidemic, on September 4, 2021, the Ministry of Health issued Official Letter 7330/BYT - KCB to ensure human resources for epidemic prevention as well as treatment. administrative discipline in case of voluntarily quitting work or violating regulations on professional ethics. If it is determined that the employee's resignation is intended to evade responsibility, abdicate the assigned job or task, this is considered a violation, subject to disciplinary action, deprivation of the right to use the behavioral certificate. job and not settle for severance. Accordingly, it is quite difficult for you to unilaterally terminate the working contract during this period and may arise many problems that affect your rights and in the future.

Therefore, even though the 45-day period has expired from the date of notice of resignation, we recommend that you continue to work until the hospital arranges a replacement and when the epidemic situation stabilizes. to ensure that it does not affect its interests.

Specifically, the legal basis for your case is as follows:

– Pursuant to Clauses 4, 5 and 6, Article 29 of the Law on Public Employees 2010 on unilateral termination of the working contract:
4. Public employees working under indefinite-term contracts have the right to unilaterally terminate the contract but must notify in writing the head of the public non-business unit at least 45 days in advance; In case an employee is sick or has an accident that has been treated for 06 consecutive months, at least 03 days' notice must be given.
5. Public employees working under fixed-term work contracts have the right to unilaterally terminate the contract in the following cases:
a) Not being arranged according to the correct working position, working location or failing to ensure the working conditions agreed upon in the working contract;
b) Not being paid in full or not being paid on time according to the working contract;
c) Being mistreated; forced labor;
d) You or your family are really in difficult circumstances and cannot continue to perform the contract;
đ) Pregnant female public employees must take leave from work as designated by the medical facility;
e) The public employee is sick or has an accident who has received treatment for 3 consecutive months but his working capacity has not yet recovered.
6. The public employee must notify in writing of unilateral termination of the working contract to the head of the public non-business unit at least 03 days in advance for the cases specified at Points a, b, c, đ and e Clause 5 of this Article; at least 30 days for the case specified at point d, clause 5 of this Article.

– Pursuant to Point d, Clause 2, Article 57 of Decree 115/2020 on settlement of job severance:
2. An employee whose severance has not been settled in one of the following cases:
d) Due to work requirements and no replacement has been arranged.
Pursuant to Point a, Clause 3, Article 57 of Decree 115/2020 on settlement of job severance:
Within 05 working days from the date of receiving the official's written request, if the public employee agrees to let the employee quit, the head of the public non-business unit shall terminate the working contract and settle the retirement regime. jobs for public employees according to regulations. In case of disapproval of the employee's resignation, he/she must reply to the employee in writing and clearly state the reason as prescribed.

– Pursuant to Official Letter 7330/BYT – KCB issued by the Ministry of Health on September 4, 2021:
The Department of Health strengthens inspection, supervision, and promptly corrects the management of practitioners at medical examination and treatment establishments, summarizes cases of voluntarily quitting work or violating regulations on professional ethics and sending it to the Ministry of Health. Healthcare to summarize, consider administrative disciplinary action or revoke the right to use practice certificates in cases of violation.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

In case you ever need detailed consultation, please contact us directly for specific advice.

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