Teacher's seniority allowance is a financial remuneration to recognize and encourage teachers' contributions in the teaching process. This regime is applied to teachers who have long -term working time in the education industry and have compulsory social insurance.
This is a matter of many teachers, because seniority allowances are also the acknowledgment of teachers' contributions to the education industry. Recently, the Ministry of Education and Training (Education and Training) has received many questions related to seniority allowances such as: calculation, enjoyment time, conditions of enjoyment, ...
Among the questions to the Ministry of Education and Training, Ms. P.M.H is as follows:
"I would like to ask, the calculation of preferential allowances according to Decision No. 244/2005/QD-TTg for maternity leave teachers within the provisions of the Law on Social Insurance applies according to any documents?
According to Joint Circular No. 01/2006/TTLT-BGD & DT-BNV-BTC dated January 23, 2006, guiding the implementation of Decision No. 244/2005/QD-TTg of October 6, 2005 of the Prime Minister on preferential allowances for teachers who are directly teaching in public educational institutions, regulating subjects not to be entitled to preferential allowances: "... ... onion".
However, in Official Letter No. 649/NGCBQLGD-CSNGCB dated 3.6.2024 of the Ministry of Education and Training, guiding the implementation of the preferential allowance regime for the teacher stated: "... For teachers who are sick and maternity for a period as prescribed by the law, they are entitled to salary in accordance with current social insurance regulations, not directly participating in teaching and not subject to preferential allowance for teachers."
Regarding the question of Mrs. H., the Ministry of Education and Training answered on the Government portal as follows:
From January 1, 2007, the name of the social insurance charter has been replaced by the Social Insurance Law. The Law on Social Insurance stipulates that the maternity regime is compulsory social insurance.
Regarding the content of the maternity regime, the Law on Social Insurance 2014 (in effect) has its own section on maternity regime (Section 2 Chapter III), besides there are relevant documents providing for maternity regime for workers (Decree No. 115/2015/ND-CP, Circular No. 59/2015/TT-BLDTBXH, Circular No. 06/2021/TT-BLDTBXH).
The Law on Social Insurance does not adjust issues related to the preferential allowance of workers in industries.
The provisions on preferential allowances for teachers who are directly teaching in public educational institutions are the content specified in Decision 244/2005/QD-TTg, Circular No. 01/2006/TTLT-BGD & DT-BNV-BTC are valid documents.
