Ms. C.T. T (Da Nang) is a equipment and testing staff at a public secondary school. Currently, the Board of Directors of her school applies the method of calculating and paying hazardous and dangerous allowances for the position of equipment and testing staff according to Official Dispatch No. 2244/UBND-GDĐT dated October 26, 2023 of the old District People's Committee, in the form of calculation by period and working hours in the laboratory.
Official Dispatch No. 2244/UBND-GDĐT includes 2 subjects entitled to hazardous duty allowances: employees and teachers.
However, Ms. T believes that this application method is not suitable for the position of equipment and testing staff because Ms. T's work is regular and continuous, while the calculation method based on the number of periods is a regulation for practical teachers.
Ms. Thuy proposed to consider and apply hazardous and dangerous allowances with a coefficient of 0.2 of the base salary for the position of school equipment and testing staff according to the nature of regular and continuous work, not applying the form of calculation based on the number of practical teaching sessions in the laboratory, and implementing payment of regimes within the annual budget estimate assigned by competent authorities in accordance with regulations.
Regarding this issue, the Ministry of Education and Training answers as follows:
Decree No. 113/2015/ND-CP of the Government stipulates the regime of special allowances, preferential allowances, work responsibility allowances and heavy, hazardous, and dangerous allowances for teachers in public vocational education institutions, not applicable to equipment and testing staff at public secondary schools.
However, in Section 2, Part III of Circular No. 07/2005/TT-BNV of the Ministry of Home Affairs guiding the implementation of the regime of hazardous and dangerous allowances for officials, civil servants, and public employees, it is stipulated that cases that have been agreed upon by competent authorities to apply hazardous and dangerous allowances and are still valid will continue to be enjoyed until there are changes in hazardous and dangerous factors as a basis for determining the level of allowance.
Accordingly, equipment and laboratory staff in general education institutions who are receiving hazardous and dangerous allowances at the level of 0.2 according to the guidance in Official Dispatch No. 9552/TCCB dated September 26, 2003 of the Ministry of Education and Training continue to enjoy this regime until there are other regulations or changes in hazardous and dangerous factors related to work.
Regarding the calculation of allowances, point a, clause 3, Section II of Circular No. 07/2005/TT-BNV stipulates that hazardous and dangerous allowances are calculated according to the actual working time in places with hazardous and dangerous factors; cases of working less than 4 hours a day are calculated as 1/2 working day, from 4 hours or more are calculated as working days. The allowance is paid in the same monthly salary period and is not used to calculate contributions and enjoyment of social insurance benefits.
Therefore, the payment of hazardous and dangerous allowances for equipment and testing staff must be based on the actual working time in a hazardous and dangerous environment according to the above regulations.
The Ministry of Education and Training also requested Ms. C.T. T to report to the school for summarization and reporting to competent authorities for consideration and full implementation of hazardous and dangerous allowances for equipment and testing staff, ensuring the legitimate rights and interests of employees according to current regulations.
