In the upcoming period, officials, public employees, and workers across the country will have time off for the Tet (Lunar New Year) of Year of the Rat 2020. However, for a certain group of teachers, every Tet holiday they are assigned to be on duty at the school. To ensure their legitimate rights when assigned to be on duty during Tet, teachers need to be well-informed of the following regulations:
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TEACHERS’ PAY SCALE FROM July 01, 2020
According to the regulations in Circular 28/2009/TT-BGDDT and Circular 15/2017/TT-BGDDT, the annual leave period for teachers of elementary, middle, and high schools includes summer vacation, lunar new year holiday, semester break, and other holidays. Specifically:
- The annual summer vacation for teachers is 02 months (including the annual leave as prescribed by the Labor Code);
- The lunar new year holiday, semester break as prescribed by the Minister of Education and Training;
- Other holidays as prescribed by the Labor Code such as: New Year’s Day, Lunar New Year, Victory Day, International Labor Day, etc.
Therefore, during the above-mentioned holidays, teachers have the right to take leave and receive full salary (including allowances). No one has the right to force teachers to be on-duty at school during holidays, summer vacation, or the lunar new year holiday.
However, the school may negotiate with teachers about being on-duty during the lunar new year holiday, and in that case, teachers will receive overtime pay according to the provisions of Clause 2 Article 12 of the Public Employee Law 2010.
“Entitled to overtime pay, night pay, travel allowance, and other policies as prescribed by law and the regulations of public service providers”
When on-duty during the lunar new year, teachers will be entitled to overtime pay, night pay, travel allowance, and other policies as prescribed by law and the regulations of public service providers. Specifically, as stipulated in Article 97 of the Labor Code 2012 (guided by Article 25 of Decree 05/2015/ND-CP):
Article 97. Overtime Pay, Night Pay
1. Employees working overtime shall be paid according to the unit price of salary or the current salary of the job as follows:
a) On normal days, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, paid leave days, at least 300% excluding the wage of the leave day, paid for employees who receive daily wages.
2. Employees working at night shall be paid an additional at least 30% of the salary calculated by the unit price of salary or the salary of the normal working day.
3. Employees working overtime at night shall be entitled to an additional 20% of the salary calculated by the unit price of salary or the salary of the daytime working day, apart from the payment stipulated in Clauses 1 and 2 of this Article.
Therefore, when teachers are on duty during the lunar new year holiday, they will receive an additional payment equal to 300% of the salary for that holiday. Furthermore, when assigning duty shifts during the lunar new year holiday, school leaders must adhere to the following conditions:
- Obtain the teacher's consent;
- Ensure that the overtime hours do not exceed 50% of the normal working hours in one day; if the weekly working schedule is applied, the total normal working hours and overtime must not exceed 12 hours in one day; not exceed 30 hours in one month and total not exceed 200 hours in one year, except for some special cases as prescribed by the Government of Vietnam allowing for overtime of up to 300 hours in one year;
- After each prolonged overtime work period within a month, school leaders must arrange compensatory leave for teachers for the time not taken off.
Thu Ba
