Teachers are entitled to seniority allowance when they have 5 years of compulsory social insurance contributions
Ms. T.T. H (Dong Thap) taught under a labor contract (without code, without rank code) from September 2018 to the end of January 2019. In March 2020, she was recruited as a civil servant, probationary for 6 months, receiving 85% salary. In September 2020, she was appointed as a civil servant, code V.07. 03. 09. Ms. H asked, from what time is her teaching seniority calculated?
Regarding this issue, the Ministry of Education and Training responded on the Government Electronic Information Portal 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, teachers who directly participate in teaching and education and have a compulsory social insurance contribution period of 5 years (60 months) or more are entitled to seniority allowance equal to 5% of their current salary, plus leadership position allowance and seniority allowance exceeding the frame (if any).
Ms. T.T. H was appointed as a civil servant in the education sector from March 2020, after completing her probation period and being appointed to the professional title of primary school teacher from September 2020. The teaching time according to the previous contract, if not participating in compulsory social insurance, is not included in the time used as a basis for enjoying seniority allowance for teachers.
Therefore, from the time of being appointed to the professional title of primary school teacher, when she has 5 years (60 months) of compulsory social insurance contributions, Ms. Hong is eligible to be calculated for seniority allowance for teachers according to regulations.
Conditions for enjoying seniority allowances for assigned teachers
Also related to seniority allowances, Mr. L.C.D is a teacher who was assigned by competent authorities to work at the Department of Education and Training. During the assignment period, Mr. D still participated in teaching and professional activities as required by the school and assigned by the Department of Education and Training.
During his assignment to the Department of Education and Training, Mr. D still maintained his teacher salary rank, did not receive public service allowances and received preferential allowances.
Mr. D asked, is he entitled to preserve the seniority allowance for teachers according to Article 36 of the 2010 Law on Civil Servants?
The Ministry of Education and Training answers this question 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 subjects of application are teachers who are directly involved in teaching and educating in public educational institutions.
In case teachers are assigned to the Department of Education and Training but during the assignment period still perform teaching and education tasks at the school as assigned by competent authorities, they are still eligible for seniority allowance for teachers according to regulations.
