Does the time off for maternity leave count towards the seniority allowance for teachers in Vietnam?

Does the time off for maternity leave count towards the seniority allowance for teachers in Vietnam?

Based on Clause 2 Article 3 of Decree 77/2021/NĐ-CP, the following time periods are not counted towards the seniority allowance for teachers:

a) The time of probation.

b) The time of leave of absence without pay for a continuous period of 1 month or more.

c) The time of sick leave, maternity leave exceeding the period specified by the law on social insurance.

d) The time of going to work as a specialist, going to school, internship, working, surveying in Vietnam and abroad exceeding the period decided by the competent authority.

dd) The time of being temporarily suspended from work or being temporarily detained or imprisoned to serve the investigation, prosecution, and trial.

e) The time of not working other than the provisions of points a, b, c, d, dd of paragraph 2 of this Article.

According to the above regulations, only the time of maternity leave exceeding the period specified by the law on social insurance is not counted towards the seniority allowance for teachers. Therefore, in your case, the time of your maternity leave is in accordance with the regulations, so this time will be counted towards the seniority allowance for teachers.

Does the time off for maternity leave count towards the seniority allowance for teachers in Vietnam? - Source: Internet

What time is counted towards the seniority allowance for teachers in Vietnam?

Clause 1 Article 3 of Decree 77/2021/NĐ-CP stipulates that the time counted towards the seniority allowance is determined by the sum of the following periods:

a) The time of teaching and educating with compulsory social insurance contributions in public educational institutions.

b) The time of teaching and educating with compulsory social insurance contributions in non-public educational institutions (for teachers currently teaching and educating in public educational institutions who have previously taught and educated in non-public educational institutions).

c) The time of working that is counted towards the seniority allowance, including: the time of working that is classified according to one of the ranks or positions of the following specialized fields: customs, courts, prosecution, auditing, inspection, civil enforcement, forest protection, national reserves, party inspection; the time of working that is counted towards the seniority allowance in the military, the police, and the weak and the time of working that is counted towards the seniority in other industries and occupations (if any).

d) The time of military service according to the law that before going to military service was being counted towards the seniority allowance for the profession.

As regulations above, the time counted towards the seniority allowance for teachers is the sum of the times specified above.

How is the monthly seniority allowance for teachers in Vietnam calculated?

Article 4 of Decree 77/2021/ND-CP regulates the seniority allowance as follows:

1. Teachers participating in teaching and education with compulsory social insurance contributions for at least 5 years (60 months) are entitled to a seniority allowance of 5% of the current salary plus leadership position allowance and seniority allowance exceeding the framework (if any). From the sixth year onwards, each year (full 12 months) is added 1%.

2. Seniority allowance is paid at the same time as monthly salary and is used to calculate social insurance, health insurance, and unemployment insurance contributions and benefits.

3. Method of calculating the monthly amount of seniority allowance:

Monthly seniority allowance amount = Salary coefficient according to the civil servant's professional title plus the coefficient of leadership position allowance, seniority allowance exceeding the framework (if any) currently enjoyed x The base salary set by the Government each period x The seniority allowance (%) enjoyed

Therefore, the amount of the monthly seniority allowance for teachers will be equal to the salary coefficient multiplied by the base salary multiplied by the (%) seniority allowance for teachers.

Best regards!