Currently, in the teaching process, many teachers have to work overtime. So in this case, when do teachers get overtime pay? And how is the teacher's overtime salary calculated in accordance with Vietnam’s regulations?
Article table of contents
LawNet would like to answer this question as follows:
When do teachers get overtime pay?
According to Article 2 of the Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC, teachers who work overtime will be entitled to overtime pay when they are paid according to Decree No. 204/2004/NĐ-CP of Vietnam’s Government, and complete teaching tasks, other work tasks according to the teacher's working regime. Concurrently, the number of extra teaching hours that are calculated for overtime pay must not exceed the prescribed number of overtime hours.
Besides, according to Article 106 of the Labor Code 2012 of Vietnam, public educational institutions may ask teachers to work overtime when the following conditions are satisfied:
- Obtaining the teacher’s consent;
- Ensuring that the number of overtime working hours of the teacher does not exceed 50% of the normal working hours per day; in case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 30 hours per month and the total of overtime working hours must not exceed 200 hours per year, except some special cases as stipulated by the Government in which overtime working hours must not exceed 300 hours per year;
- After each period with many consecutive days of working overtime within a month, the public educational institutions shall arrange compensatory days off for the teacher.
Thus, based on the above provisions, teachers are entitled to overtime pay when fully meeting the above conditions.
How to calculate teachers' overtime pay
According to Clause 1 Article 3 of the Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC, a month's salary as the basis for calculating the teacher's overtime salary, including: salary by grade, current rank, salary allowances and reserve difference coefficient (if any).
Accordingly, the overtime salary of lecturers and teachers at all levels is calculated according to the following formula:
- Salary for overtime teaching/school year = number of extra teaching hours/school year x Salary for 01 hour of tutoring;
- Salary for 01 hour of tutoring = Salary for 01 hour of teaching x 150%;
- Salary for 01 hour of teaching:
+ For teachers of preschool education institutions, general education institutions, professional intermediate schools and teachers and lecturers of vocational training institutions:
For teachers working as managers or assigned to be in charge of teams, unions and associations at preschool educational institutions, general education institutions, professional intermediate schools and vocational training institutions are calculated according to the above formula, in which the norm of teaching hours/year is the norm of teaching hours/year of teachers of the same grade, grade and subject of that educational institution.
+ For lecturers at higher education institutions, training and retraining institutions of ministries, ministerial-level agencies, government-attached agencies, and political schools of provinces and central-affiliated cities:
For teachers working in management, officials of the Youth Union and Association participating in teaching at higher education institutions, training and retraining establishments of ministries, ministerial-level agencies, agencies attached to the Government, political schools of provinces and central-affiliated cities are calculated according to the above formula, in which the norm of teaching hours/year is the norm of teaching hours/year of lecturers of the same title and subject of that educational institution.
Ty Na
