08:42 | 24/08/2024

What is the continuous personal leave period ineligible for receiving seniority allowances by teachers in Vietnam?

What is the continuous personal leave period ineligible for receiving seniority allowances by teachers in Vietnam?" - asked Ms. Q.P in Hai Phong.

What is the continuous personal leave period ineligible for receiving seniority allowances by teachers in Vietnam?

According to Clause 2, Article 3 of Decree 77/2021/ND-CP, the periods considered for and not considered for seniority allowances are stipulated as follows:

Periods considered for and not considered for seniority allowances

...

2. Periods not considered for seniority allowances

a) Probationary period.

b) Period of personal leave without pay for 01 month or more.

c) Period of sick leave or maternity leave exceeding the time limit as prescribed by the law on social insurance.

d) Period of working as an expert, studying, internship, work, or survey in the country and abroad exceeding the time limit as decided by the competent authority.

dd) Period of being temporarily suspended from duty, detained, or held in custody for investigation, prosecution, or trial purposes.

e) Period of not working in cases other than those specified in points a, b, c, d, dd of Clause 2 of this Article.

Thus, if a teacher takes unpaid personal leave for at least 01 month, he/she will not be eligible for seniority allowances. Conversely, if the personal leave lasts less than 01 month, he/she will still be eligible for seniority allowances.

Period not considered for seniority allowances when teachers take continuous personal leave for how many months?

What is the continuous personal leave period ineligible for receiving seniority allowances by teachers in Vietnam?

What is the number of years of social insurance premium payment eligible for adding 1% to the seniority allowance level in Vietnam?

According to Article 4 of Decree 77/2021/ND-CP, the seniority allowance levels are stipulated as follows:

Seniority allowance levels

1. Educators who have been teaching and paying compulsory social insurance premiums for 5 years (60 months) will receive a seniority allowance equal to 5% of their current salary plus leadership position allowance and excess seniority allowance (if any). From the sixth year onward, an additional 1% will be added for each year (12 months).

2. Seniority allowance is paid monthly along with the salary and is included in the calculation for social insurance, health insurance, and unemployment insurance.

3. The method to calculate the monthly seniority allowance:

...

Thus, teachers paying social insurance premiums from the sixth year onward are entitled to an additional 1% of the seniority allowance level.

What are the working periods considered for seniority allowances paid to teachers in Vietnam?

According to Clause 1, Article 3 of Decree 77/2021/ND-CP, the working  periods considered for and not considered for seniority allowances are stipulated as follows:

Periods considered for and not considered for seniority allowances

1. Periods considered for seniority allowances

Periods considered for seniority allowances are determined by the sum of the following periods:

a) Teaching or educational period with mandatory social insurance contributions in public educational institutions.

b) Teaching or educational period with mandatory social insurance contributions in non-public educational institutions (for educators who are currently teaching in public educational institutions but have previously taught in non-public educational institutions).

c) Working periods considered for seniority allowances paid to teachers in Vietnam include: periods of service with salary graded according to one of the grades or titles in any of the professional sectors such as customs, court, prosecution, audit, inspection, civil judgment enforcement, forest protection, national reserve, and party inspection; working periods considered for seniority allowances paid to teachers in Vietnam in the military force, police force, cipher force, and other sectors or professions (if any).

d) Period of military service as stipulated by law where prior to military service the individual was receiving a professional seniority allowance.

2. Periods not considered for seniority allowances

a) Probationary period.

b) Period of personal leave without pay for 01 month or more.

c) Period of sick leave, maternity leave exceeding the time limit as prescribed by the law on social insurance.

d) Period of working as an expert, studying, internship, work, or survey in the country and abroad exceeding the time limit as decided by the competent authority.

dd) Period of being temporarily suspended from duty, detained, or held in custody for investigation, prosecution, or trial purposes.

e) Period of not working in cases other than those specified in points a, b, c, d, đ of Clause 2 of this Article.

Thus, the working periods considered for seniority allowances paid to teachers in Vietnam include:

- Working periods considered for seniority allowances paid to teachers in Vietnam include periods of service with salary graded according to one of the grades or titles in any of the professional sectors such as customs, court, prosecution, audit, inspection, civil judgment enforcement, forest protection, national reserve, and party inspection;

- Working periods considered for seniority allowances paid to teachers in Vietnam in the military force, police force, cipher force, and other sectors or professions (if any).

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