Mr. D. L (Vinh Long) was recruited into the payroll and taught at a public secondary school from July 2023, and was exempted from probationary time.
Before being recruited into the payroll, he taught at a non-public foreign language center, and had compulsory social insurance contributions from September 2020 to the end of June 2023.
Mr. D. L. researched the regulations in point b, clause 1, Article 3 of Decree No. 77/2021/ND-CP on the seniority allowance regime for teachers and found that the teaching and education time with compulsory social insurance contributions in non-public educational institutions is still considered for seniority allowance.
However, through exchange with the school's accounting department, Mr. D. L's working time with social insurance contributions was not accumulated to calculate teacher seniority.
Mr. D. L asked, according to current legal regulations, is the teaching time at a non-public foreign language center from September 2020 to June 2023 added to calculate the seniority of teachers? In your case, from which period will the seniority of teachers be calculated?
Regarding this issue, the Ministry of Education and Training answers as follows:
The seniority allowance regime for teachers is implemented according to the provisions of Decree No. 77/2021/ND-CP dated August 1, 2021 of the Government. Accordingly, the time used as a basis for calculating seniority allowance for teachers is determined as the total time teachers directly participate in teaching, educating and have compulsory social insurance contributions at public or non-public educational institutions according to the provisions of law.
In case Mr. D. L has participated in teaching at a non-public foreign language center and has paid compulsory social insurance from September 2020 to the end of June 2023, if the center is a non-public educational institution established and operating legally, then this period is accumulated to serve as the basis for calculating seniority allowances for teachers; the teaching time before participating in compulsory social insurance is not counted.
From July 2023 to now, he is an official, directly teaching at a public secondary school and has participated in compulsory social insurance contributions, so this time continues to be included in the seniority allowance period for teachers.
Thus, from the time of being appointed to the professional title of secondary school teacher, not counting probationary time, when reaching 5 years (60 months) of compulsory social insurance contribution, Mr. D. L is eligible to be calculated for seniority allowance for teachers according to regulations.
