Is maternity leave counted as actual working time in a particularly difficult area to receive allowances in Vietnam?
I am a teacher working in an area with particularly difficult economic from 1/10/2010 to 1/12/2020, then I was transferred to a more favorable area. During my time working in the difficult area, I took a 6-month maternity leave. So, may I ask if I am eligible for allowances when transferring to a different area. Thank you!
Is maternity leave counted as actual working time in a particularly difficult area to receive allowances in Vietnam? (Image from the Internet)
Clause 1, Article 8 of Decree 76/2019/ND-CP stipulates the lump-sum allowance when transferring work from a particularly difficult area as follows:
The subjects specified in Article 2 of this Decree are currently working and have actual working time in an area with particularly difficult economic and social conditions for at least 10 years. When transferring work out of the area with particularly difficult economic and social conditions or when retiring (or where the workplace is no longer classified as an area with particularly difficult economic and social conditions by the competent authority), they shall be entitled to a lump-sum allowance calculated based on the actual working time in the area with particularly difficult economic and social conditions that the agency, organization, or unit managing the salary paid before the transfer of work or retirement (or where the workplace is no longer classified as an area with particularly difficult economic and social conditions).
Therefore, you must have actual working time in an area with particularly difficult economic and social conditions (PDD) of at least 10 years. When transferring out of this area, you will receive a lump-sum allowance when changing areas.
According to Clause 3 Article 13 of Decree 76/2019/ND-CP on actual working time:
"3. The following times shall not be counted for entitlement to the allowances specified in this Decree, including:
a) Time on business trips, work, or study outside the area with particularly difficult economic and social conditions for more than 01 month;
b) Time off work without continuous salary for more than 01 month;
c) Time off work receiving social insurance benefits as prescribed by the law on social insurance;
d) Time under temporary suspension of work, temporary detention, or temporary arrest."
Therefore, the time you take maternity leave according to the provisions of the Social Insurance Law will not be counted for entitlement to the allowances specified in Decree 76/2019/ND-CP.
Therefore, you worked in the particularly difficult area from 10/1/2010 to 12/1/2020, including 6 months of maternity leave => The working time in the particularly difficult area is less than 10 years, so when transferring to a more favorable area, you do not meet the conditions to receive the lump-sum allowance.
Best Regards!
