Concerns about the regulation on calculating seniority allowances for teachers
Seniority allowances for teachers are always an issue of concern to many teachers.
The seniority allowance for teachers is a financial treatment regime to recognize and encourage the dedication of teachers in the teaching process. This regime is applied to teachers who have worked for a long time in the education sector and have paid compulsory social insurance.
This is an issue that many teachers are concerned about, because seniority allowances are also a recognition of teachers' contributions to the education sector. Recently, the Ministry of Education and Training (MOET) has received many questions related to seniority allowances such as: How to calculate, duration of benefits, conditions for benefits, etc.
Among the questions to the Ministry of Education and Training, Ms. P.M.H is as follows:
"I would like to ask, according to which document is the calculation of preferential allowances according to Decision No. 244/2005/QD-TTg for teachers on maternity leave within the prescribed time limit of the Social Insurance Law applied?
According to Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC dated January 23, 2006, guiding the implementation of Decision No. 244/2005/QD-TTg dated October 6, 2005 of the Prime Minister on preferential allowances for teachers who are directly teaching in public educational institutions, stipulating subjects not eligible for preferential allowances: "... sick leave and maternity leave exceed the time prescribed in the current Social Insurance Charter".
However, in Official Dispatch No. 649/NGCBQLGD-CSNGCB dated June 3, 2024 of the Ministry of Education and Training guiding the implementation of preferential allowances for teachers, it is stated: "... for teachers on sick leave and maternity leave within the prescribed time limit of law, they are entitled to receive salaries according to current social insurance regulations, do not directly participate in teaching and are not eligible for preferential allowances for teachers".
Regarding Ms. H.'s question, the Ministry of Education and Training responded on the Government Portal as follows:
From January 1, 2007, the name of the Social Insurance Charter was replaced by the Social Insurance Law. The Social Insurance Law stipulates that maternity benefits are compulsory social insurance.
Regarding the content of maternity benefits, the Social Insurance Law 2014 (currently in effect) has a separate section on maternity benefits (Section 2, Chapter III), in addition to related documents regulating maternity benefits for employees (Decree No. 115/2015/ND-CP, Circular No. 59/2015/TT-BLDTBXH, Circular No. 06/2021/TT-BLDTBXH).
The Social Insurance Law does not regulate issues related to preferential allowances for employees in different industries.
Regulations on preferential allowances for teachers who are directly teaching in public educational institutions are the contents stipulated in Decision 244/2005/QD-TTg, Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC which are documents that are still in effect.
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