Are trainee teachers paid for the summer break?

Article 70 Education Law 2019 define on rights of teachers as follows:

“1. Teach according to their educated specialization.

2. Receive further education and training to improve political qualifications, professional qualifications, and knowledge.

3. Work under contract as a visiting teacher and/or researcher in other educational or research institutions.

4. Be protected with regards to their honor, dignity and physical wellbeing;

5. Have summer vacation as stipulated by the Government and other holidays as prescribed by law.”

Clause 4 Article 1 of Circular No. 15/2017 / TT-BGDĐT amending and supplementing some articles of regulations on working regime for general teachers, issued together with Circular No. 28/2009 / TT-BGDĐT: The teacher's annual vacation time is 2 months, including annual leave according to the provisions of the Labor Code, enjoying full salary and allowances (if any).

For trainee teachers, when they are recruited,  they will have trainee period to get used to the job:

- 12 months in case of being admitted to the title requiring university degree;

- 09 months with the case of being admitted to the title required college degree;

- 06 months in case of being admitted to the title requiring an intermediate degree;

            In which, Article 20 of Decree 29/2012 / ND-CP amended and supplemented by Decree 161/2018 / ND-CP clearly states: “Maternity leave under the social insurance regime, sick leave of 14 days or more, leave without pay, and the period during which the public employee is held in custody or temporary detention, or suspended from work in accordance with the law must not be counted into the probation period.”

            Thus, because summer breaks of trainee teachers don't fall into the above cases, it's be counted into the probation period. During the summer break, the salary of trainee teachers is detailed in Decree 29 above:

• 85% of the salary level for the professional title corresponding to the working position to which he/she is recruited.
• For a probationer possessing a master or doctoral degree in a discipline meeting requirements of the working position to which he/she is recruited, he/she may enjoy 85% of the second salary level for such working position if possessing a master degree or 85% of the third salary level of such working position if possessing a doctoral degree.
• 100% of the salary level and allowances of the professional title corresponding to the working position to which he/she is recruited in the following cases: He/she works in a mountainous, border, island, deep-lying, remote or ethnic minority area or an area with exceptionally difficult socio-economic conditions; He/she works in a hazardous or dangerous sector or occupation; He/she has fulfilled the military service, the termed service in the people's public security forces, once served as a military officer, career soldier, cipher officer, youth volunteer, voluntary young intellectual team member having joined in the development of rural or mountainous areas for full 24 months or more and accomplished his/her tasks.

In short, whether he/she is a trainee teacher or formally teacher, he/she is all paid wages during the summer break. The specific salary level is based on the actual situation of each teacher.

Legal advisor: Hoang Thuy Quynh

FDVN Law Firm