Ms. Tran Thi Thoa signed a contract to work as a equipment employee and administrative staff for teaching at the high school from November 2011.
On January 26, 2024, Ms. Thoa was recruited as a civil servant and on December 10, 2024, received a Decision to appoint the professional title of Experimental Equipment (code V.07.07.20), level 1, salary coefficient 2.10 and receive other allowances (if any) according to regulations from April 1, 2024.
Ms. Thoa asked, do you have to pay compulsory social insurance (not yet receive a one-time social insurance allowance), have a decision on accepting a labor contract; have a labor contract, work in the right professional position, have a college degree in the right professional position at the recruitment position, do you meet all the conditions prescribed by law, use the contract working time as a basis for salary classification according to the job title in accordance with the recruited job position?
Are you entitled to a toxic allowance, if so, according to what regulations? Are you in charge of teaching work when you are in charge of teaching allowances?
The Ministry of Education and Training responds to this issue as follows:
Pursuant to the provisions of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, use and management of civil servants and Decree No. 85/2023/ND-CP amending and supplementing a number of articles of Decree No. 115/2020/ND-CP, salary classification for civil servants who have worked for a period of time, paid compulsory social insurance, worked in accordance with their professional skills and have a diploma suitable for the recruitment position is implemented according to the guidance of the above documents.
If she has fully met the conditions stated in the document, Ms. Tran Thi Thoa can be considered for calculating her previous working time as a basis for salary classification according to the appointed professional title.
The Ministry of Education and Training also recommends that you contact the management agency directly or the Department of Home Affairs/Department of Education and Training for specific instructions on the documents and procedures for receiving this regime.
Toxic and concurrent allowance regime
Pursuant to Section 2, Part III of Circular No. 07/2005/TT-BNV dated January 5, 2005 of the Minister of Home Affairs and Official Letter No. 9552/TCCB dated September 26, 2003 of the Ministry of Education and Training, civil servants working in equipment and testing in schools are entitled to a toxic and dangerous allowance of level 0.2.
If she is directly managing and working in subject classrooms such as Physics, Chemistry, Biology, Ms. Thoa is eligible for toxic allowances. It is recommended that she contact the governing body for instructions on how to prepare a claim in accordance with regulations.
According to the provisions of Clause 2, Article 6 of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government and the guidance in Circular No. 78/2005/TT-BNV dated August 10, 2005, the concurrent allowance regime only applies to cadres, civil servants, and public employees concurrently holding leadership and management positions at other units or within the same unit.
Currently, there are no regulations on receiving concurrent allowances for laboratory equipment staff concurrently working in administration and teaching. Therefore, her case is not eligible for concurrent allowances according to current regulations.
