Sending a question to the Ministry of Home Affairs, reader N.T. L said that he is working at the Regional Medical Center, which is a group 3 non-business unit, partially autonomous. His unit is currently considering the regime of hazardous and dangerous allowances for officials and employees, but it sees that there are some inconsistencies.
According to the provisions of Circular No. 07/2005/TT-BNV guiding the implementation of hazardous and dangerous allowance regimes for officials, civil servants, and public employees, the payment regime is based on levels from 0. 1, 0. 2, 0. 3, 0. 4 depending on the level of work.
According to Circular No. 24/2022/TT-BLDTBXH stipulating the in-kind allowance for employees working in conditions with dangerous and harmful factors, the corresponding in-kind allowance levels are: a) Level 1: 13,000 VND; b) Level 2: 20,000 VND; c) Level 3: 26,000 VND; d) Level 4: 32,000 VND.
I would like to ask, can the same person simultaneously receive benefits according to the provisions of Circular No. 07/2005/TT-BNV and benefits according to Circular No. 24/2022/TT-BLĐTBXH? Is the payment of benefits according to Circular No. 07/2005/TT-BNV currently mandatory to apply for hazardous and dangerous allowances according to Clause 3, Section III of Circular No. 07/2005/TT-BNV?
Regarding this issue, the Ministry of Home Affairs answers as follows:
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 No. 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 the following 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 Labor, Invalids and Social Affairs.
2. Working in a working environment with at least 01 of the following 02 factors:
a) Having at least one of the dangerous factors, harmful factors that do not meet the standards and regulations on hygiene permitted by the Ministry of Health;
b) Exposure to at least 01 factor ranked from 4 points or more belonging to the group of indicators "Exposition to sources of infectious diseases according to the Law on Prevention and Control of Infectious Diseases" (number of order 10. 1 Section A, Appendix I issued together with Circular No. 29/2021/TT-BLĐTBXH dated December 28, 2021 of the Minister of Labor, Invalids and Social Affairs stipulating standards for classifying labor according to working conditions).
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-BLDTBXH stipulates the principle of organizing in-kind allowances: "It is not allowed to be paid in cash, not allowed to be paid into salary (including inclusion in salary unit prices) instead of in-kind allowances".
Therefore, in case Mr. N.T. L's 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 level of in-kind allowance is determined according to the provisions of Circular No. 24/2022/TT-BLĐTBXH. The organization of in-kind allowances must be carried out in shifts and working days, ensuring convenience, safety, food hygiene and not paid in cash instead of in-kind allowances.
