With just over 1 month left, people across the country will have a Tet holiday 2021. However, for some teachers, they will be assigned to be at the school every new year. So, will the teacher's salary for the Lunar New Year 2021 calendar be higher than last year?
Article table of contents
1. How much is the teacher's salary for Tet holiday in 2021?
According to Circular No. 28/2009/TT-BGDĐT of the Ministry of Education and Training of Vietnam amended by Circular No. 15/2017/TT-BGDĐT on working regimes for high school teachers specifying the annual leave time of teachers of grades I, II, III including summer vacation, New Year's break, semester break and other holidays, specifically as follows:
- The teacher's annual summer vacation is 02 months, including annual leave according to the provisions of the Labor Code 2019 of Vietnam (effective from January 1, 2021).
- Time off for New Year holidays and semester breaks according to regulations of the Minister of Education and Training of Vietnam.
- Other days off according to Article 112 of the Labor Code 2019 of Vietnam, including:
+ Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
+ Victory Day: 01 day (the 30th of April of the Gregorian calendar);
+ International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
+ National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
+ Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
Thus, during the above holidays, teachers are entitled to rest and receive full salary (including allowances). No one has the right to force teachers to be on duty at school on holidays, summer breaks or on New Year's Eve.
However, according to Clause 2 Article 12 of the Law on public employees of Vietnam, the school can also agree with the teacher about the school duty on the Lunar New Year holiday and then the teacher will be entitled to overtime, night work, per diem and other regimes in accordance with the law and each school's regulations. Specifically, according to Article 98 of the Labor Code 2019 of Vietnam guided by Article 55, 56, 57 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government (effective from February 01, 2021) on elaboration of some articles of the Labor Code 2019 on working conditions and labor relations, an employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
- On normal days: at least 150%;
- On weekly days off: at least 200%;
- During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
Thus, when the teacher is on duty on the New Year holidays in the calendar year 2021, they will be paid an additional amount equal to 300% of the salary of that Tet holiday.
2. Teachers' salaries for Lunar New Year 2021 will be higher than last year?
At Conclusion No. 77-KL/TW dated June 05, 2020 and Resolution No. 122/2020/QH14 dated June 19, 2020, the Politburo and the National Assembly of Vietnam agreed that the base salary adjustment for officials, public employees and armed forces has not been made from July 01, 2020 until further notice. Concurrently, in Clause 7 Article 3 of Resolution No. 128/2020/QH14 on the state budget estimate for 2021, the National Assembly of Vietnam also agreed that in 2021, no adjustment to the base salary and poverty line has been made. Therefore, the base salary in 2021 of officials and public employees will remain at 1.49 million VND/month until further notice.
It can be seen that, due to the impact of the Covid-19 epidemic, the base salary of teachers in 2021 will remain the same at 1.49 million VND/month, accordingly the monthly salary will not change.
Thus, the teacher's salary in 2021 will not change compared to 2020, so the teacher's salary for the Lunar New Year 2021 will also be equal to the salary for the 2020 New Year's Day without any change.
Le Vy
