Mr. Nguyen Hoai Dong (Ca Mau) reported that according to the Law on Civil Servants and the Law on Education, teachers are entitled to holidays, Tet, summer vacation and receive full salary. Every year, during holidays and Tet, many teachers are assigned to work but do not see any payment.
Ms. Le Thi Hang - a secondary school teacher in Thanh Hoa also shared that every year, the Tet duty will be carried out according to the assignment of the principal. Normally, teachers who live near the house will take turns to be on duty during the holidays and Tet.
"Teachers who participate in Tet duty usually do not have any additional benefits or support," Ms. Hang shared.
Regarding this issue, the Ministry of Education and Training said that the working regime of teachers is implemented according to the provisions of Circular No. 28/2009/TT-BGDDT dated October 21, 2009, amended and supplemented in Circular No. 15/2017/TT-BGDDT dated June 9, 2017 of the Minister of Education and Training.
Accordingly, teachers' annual summer vacation is 2 months (including annual leave as prescribed by the Labor Code), with full salary and allowances (if any); Lunar New Year vacation, semester break as prescribed by the Minister of Education and Training; other holidays as prescribed by the Labor Code.
Teachers' duties are performed according to current regulations, including performing duties assigned by the principal. However, if the duties are performed on holidays or days off, they will be entitled to benefits according to the provisions of the Labor Code.
Pursuant to Clause 2, Article 12 of the Law on Public Employees 2010, teachers who are public employees when working overtime are entitled to benefits according to the provisions of law and regulations of public service units.
Regime of teachers on duty during holidays and Tet
Article 98 of the 2019 Labor Code stipulates wages for overtime and night work as follows:
Employees working overtime on holidays, New Year's Day, and paid leave days must be paid at least 300%, not including holiday wages, New Year's Day, and paid leave days for employees receiving daily wages.
Employees working at night shall be paid an additional amount of at least 30% of their wages calculated according to the unit price of wages or actual wages paid for the work of a normal working day.
Employees who work overtime at night, in addition to being paid according to the above regulations, will also be paid an additional 20% of their salary calculated according to the salary unit price or salary according to the work done during the day on holidays and Tet.
