The Ministry of Education and Training has just announced a draft Decree detailing a number of articles of the Law on Teachers for comments.
This Decree details a number of articles of the Law on Teachers, including: Teacher title; recruitment and reception of teachers; annual summer vacation and other days off for teachers, transfer, transfer, inter-school and inter-level teaching for teachers; assessment of teachers according to professional standards; retirement at an older age for teachers; standard training level for teachers; training and fostering program for teachers.
According to Article 33 of the draft Decree, teachers' summer vacation will be from 4-8 weeks, depending on each level of education.
The annual summer vacation for teachers at preschools, general education institutions, continuing education institutions, universities, and specialized schools is 08 weeks, including annual leave.
The annual summer vacation for teachers in secondary schools and college lecturers is 06 weeks; for teachers in vocational education centers is 04 weeks; summer vacation includes annual leave.
The annual summer vacation for lecturers at higher education institutions is implemented according to the regulations on organization and operation of higher education institutions
Clearly affirming the right to rest of teachers in the legal system
The most important progress of the draft is to continue to clearly legalize teachers' summer vacation, instead of stopping at the framework regulations as before.
The determination of 08 weeks off for summer vacation/year, including annual leave, helps to erase the vague understanding that teachers haven a day off is a longer day off than other workers.
Affirming that this is a legitimate labor right, guaranteed in documents under the law, associated with the Law on Teachers.
In the context of teachers facing increasing pressure (new curriculum, assessment according to professional standards, pressure on application "examination" - digital transformation...), protecting the right to rest is both legally and mentally meaningful.
Compared to Decree 84/2020/ND-CP, the new draft does not cut the summer vacation for general education and preschool teachers, but maintains the 8-week mark - something that the teaching staff is particularly interested in.
Increasing flexibility but still holding the role of state manager
The draft gives the right to decide on the summer vacation time to: Chairman of the Provincial People's Committee (for preschool, general education, vocational education, etc.). Head of higher education and vocational education institutions
This ensures that it is suitable for the actual conditions of each locality and each school (exams, weather, natural disasters, regional characteristics). Avoid the situation of "falling on paper", but in reality being cut off due to unexpected tasks.
At the same time, the draft still maintains a centralized adjustment mechanism in case of natural disasters, epidemics or emergency situations - ensuring national unity when necessary.
In particular, the draft Decree separates summer vacation from holidays and Tet - to avoid disadvantages for teachers
The draft clearly states: In addition to summer vacation, teachers and lecturers are entitled to holidays, Tet and other holidays according to the Labor Code.
This regulation helps avoid comparing summer vacation with holidays. Affirming that teachers are not "deducted" compared to other workers, especially in the context that many teachers still have to work in school, take exams, and grade exams during the summer months.
According to many teachers, in reality, many teachers, especially those teaching grades 9 and 12, have to participate in many summer tasks assigned by leaders, so the 8-week break is often shortened or interrupted depending on the situation of each school and each school year.
The draft Decree, if issued and seriously implemented, will be a legal basis for the education sector and localities to review and limit the widespread assignment of tasks in the summer. Calculate compensation, arrange reasonably, avoid putting the burden on a group of teachers.
