The kindergarten where Ms. Le Thi Trang (Nghe An) works is a public non-business unit that self-ensures a part of regular expenses (group 3). During the year, if the school has tenured teachers on maternity leave, that teacher's salary will have to be returned to the state budget.
Ms. Trang asked, is the school allowed to hire short-term teachers to replace them during the maternity leave period, and what is the contract?
In case of being hired, is the school allowed to use the salary of teachers on maternity leave to pay replacement teachers, or is it only allowed to pay when the state budget provides funding in accordance with the nature of hiring contract workers?
Regarding this issue, the Ministry of Education and Training answers as follows:
Clause 2, Article 9 of Decree No. 111/2022/ND-CP dated December 30, 2022 of the Government on contracts for certain types of jobs in administrative agencies and public non-business units stipulates:
2. Public non-business units that self-ensure a part of regular expenditures (hereinafter referred to as group 3 units) sign labor contracts performing professional and nghiệp vụ work providing non-public non-business services without using state budget to meet the needs of using human resources that are still lacking compared to the norm for the number of employees in public non-business units issued by the ministry managing the industry and field.
For self-guaranteed units under 70% of recurrent expenditures or units that have not been granted financial autonomy, they must report to the competent authority managing public non-business units for unification before implementation".
In case the school has a shortage of preschool teachers compared to the preschool teacher quota as prescribed by the Minister of Education and Training in Clause 1, Article 5 of Circular No. 19/2023/TT-BGDDT (including the shortage due to maternity leave teachers), labor contracts can be signed to supplement the shortage of teachers. The cost of implementing labor contracts is implemented according to the provisions of Clause 2, Article 12 of Decree No. 111/2022/ND-CP.
