Contributing opinions on this draft Decree, the Ministry of Justice gave the following opinion: The draft Decree stipulates: "During summer vacation, teachers are entitled to full salary and allowances".
According to the Ministry of Justice, this content needs to be explained about the basis for policy regulations, ensuring uniformity in the implementation of regimes and policies.
Accepting and explaining this content, the Ministry of Education and Training proposed to keep it. The Ministry of Education and Training said that, according to Clause 5, Article 70 of the Education Law, teachers have the right to "have summer vacation according to the Government's regulations and other days off according to the law".
According to the provisions of point a, clause 1, Article 3 of Decree No. 84/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Education Law, "the annual summer vacation time for teachers of preschool education institutions, general education institutions, specialized schools is 08 weeks, including annual leave" and clause 2, Article 3 "outside the summer vacation time as prescribed in clause 1 of this Article, teachers and lecturers are entitled to holidays, Tet and other days off as prescribed by the Labor Code". Therefore, for teachers, the summer vacation time is the time to replace the annual vacation time.
According to the provisions of Clause 1, Article 113 of the Labor Code, employees are entitled to annual leave and receive full salary according to the labor contract.
At the same time, according to the provisions of Clause 2, Article 67 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations, "salary as a basis for paying employees on holidays, Tet holidays, annual leave, private leave with salary according to Article 112, Clause 1 and Clause 2, Article 113, Article 114, Clause 1, Article 115 of the Labor Code is the salary according to the labor contract at the time employees take holidays, Tet holidays, annual leave, private leave with salary".
