Mr. Nguyen Van Hung (name of the character changed) said that his unit is the Regional Health Center, belonging to the group of public non-business units with partial autonomy.
Currently, the unit is implementing the consideration of hazardous and dangerous compensation regimes for officials and employees, but in the process of reviewing regulations, there are still some unconsistent points, so it is requested to be supported to clarify.
According to Mr. Hung, Circular 07/2005/TT-BNV stipulates the regime of hazardous and dangerous allowances for cadres, civil servants, and public employees to be paid at levels of 0.1; 0.2; 0.3; 0.4 depending on the nature and level of work.
Meanwhile, Circular 24/2022/TT-BLDTBXH stipulates in-kind allowances for workers working in dangerous and harmful conditions with 4 corresponding levels: 13,000 VND; 20,000 VND; 26,000 VND; 32,000 VND.
From this reality, Mr. Hung raised two issues: One is whether the same worker can simultaneously receive both cash allowances as prescribed in Circular 07/2005/TT-BNV and in-kind allowances as prescribed in Circular 24/2022/TT-BLĐTBXH or not;
Second, is the payment of hazardous and dangerous allowances according to Circular 07/2005/TT-BNV currently mandatory to prepare a dossier requesting benefits according to the provisions of Clause 3, Section III of this circular or not.
Regarding Mr. Hung's reflection and recommendations, the Department of Employment (Ministry of Home Affairs) has responded on the Electronic Information Portal.
Regulations on the implementation of in-kind allowances for employees working in dangerous and harmful conditions in Circular No. 24/2022/TT-BLĐTBXH are different from the guidance on the regime of hazardous and dangerous allowances for officials, civil servants, and public employees specified in Circular 07/2005/TT-BNV.
Article 3 of Circular No. 24/2022/TT-BLDTBXH stipulates the conditions for enjoying in-kind allowances: Employees are entitled to in-kind allowances when they meet two conditions:
1. Doing occupations and jobs under the list of occupations and jobs that are particularly heavy, hazardous, dangerous and heavy, hazardous, dangerous promulgated by the Minister of MOLISA.
2. Working in a working environment with at least 1 of the following 2 factors:
There is at least one of the dangerous and harmful factors that does not meet the standards and regulations on hygiene permitted by the Ministry of Health.
Exposure to at least one factor ranked from 4 points or more belonging to the target group "Exposure to sources of infectious diseases according to the Law on Prevention and Control of Infectious Diseases".
The determination of factors specified in Clause 2 of this Article must be carried out by a qualified organization operating labor environment monitoring according to the provisions of law.
Clause 2, Article 5 of Circular No. 24/2022/TT-BLĐTBXH stipulates the principle of organizing in-kind allowances: "It is not allowed to be paid in cash, not to be paid into salary (including inclusion in the salary unit price) instead of in-kind allowances".
Therefore, in case his unit has employees working in heavy, hazardous, and dangerous jobs that meet the conditions specified in Article 3 of Circular No. 24/2022/TT-BLĐTBXH, they are entitled to in-kind allowances.
The in-kind allowance level is determined according to the provisions of Circular No. 24/2022/TT-BLĐTBXH.
The organization of in-kind allowances must be carried out during shifts and working days, ensuring convenience, safety, food hygiene and not paid in cash instead of in-kind allowances.
Regarding contents related to the payment of hazardous and dangerous allowances for officials, civil servants, and public employees according to the provisions of Circular No. 07/2005/TT-BNV that are not under the functions and tasks of the Department of Employment, it is requested to contact the Department of Salary and Social Insurance to answer according to their authority.
