Senior allowance for education official

After graduating from the pedagogical university in September 2013, I have signed a contract of teaching at DHC public school (with social insurance payment) up to September 2018. I have asked for seniority allowances since there have been enough 5 years from the date of signing contract. However, I'm still not eligible for seniority allowances due to my probationary period took 12 months from September 2013 to September 2014. I would like to know if the probationary period shall be counted for the seniority allowance, how to calculate the allowance and the procedure for receiving seniority allowance.

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question. 

[1] Legal basis:

- Law on public employees in 2010

- Decree No. 54/2011/NĐ-CP dated on July 04, 2011 on  04/7/2011 Senior allowance for education official.

- Joint Circular No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBX dated on December 30, 2011, on guiding implement Decree No. 54/2011/NĐ-CP;

- Official dispatch No. 1177/BHXH-CSXH issued on April 04, 2012 by Vietnam social insurance.

[2] Conditions for earning senior allowance:

According to Clause 1 Article 2 of Decree No. 54/2011/NĐ-CP,“Teachers who have been teaching and educating for 5 years (60 months) are entitled to seniority allowances”.

The senior period includes Time of teaching and education in educational institutions; The period of seniority allowance in other professions is accumulated with the time of teaching and education in educational institutions to calculate the seniority allowance.

Besides, according to Clause 3 Article 2 this Decree on periods not calculated on senior period:

a) Apprenticeship, probationary period or contract period for the first time;

b) The period of private unpaid leave continuous for 1 month or more;

c) The period of sick leave and maternity leave exceeds the time limit prescribed by law on social insurance;

d) The period of temporary suspension of work or temporary custody and detention for investigation, prosecution, and judgment.

Thus, you have taught at DHC public school for 5 years including 1 year of apprenticing. According to law provisions, apprenticeship shall not be calculated on senior period. So, your working time is 4 years and not enough for you to earn senior allowance.

[3] Senior allowance:

a. Calculating senior allowance is in accordance with Article 3 of Decree No. 54/2011/NĐ-CP:

-  Teachers with full 5 years (60 months) of teaching and education are entitled to earn seniority allowances for an amount of 5% of the current salary and allowances for leadership positions and senior allowances beyond the framework (if any);

- From the next year onward, senior allowance is calculated at 1% more. Senior allowance is calculated on monthly salary payment period and is used for calculating the premium rate of social insurance, health insurance, and unemployment insurance.

b. Calculating senior allowance in one month: (Joint Circular No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBX)

 [4] Documents and procedure:

- Declaration of employment history including commitment and the appendix of the declaration of employment history

- A copy of the recruitment decision and a decision to recognize the expiry of the apprenticeship (Decision on appointment to the official rank).

Particularly, in case that the apprenticeship period has not been determined, the following types of documents must be added (if any):

- Notarized copy of the decision of assignment, the decision of recruitment.

- Notarized copy of the decision of raising the salary for the 2^nd,3^rd,4^th times ... (the oldest decision of raising salary)  

- Notarized copy of pedagogical diploma

- Notarized copy of social insurance book or declaration of employment history, certified by the management unit.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Expert: Nguyen Thi Hai Nhi

FDVN Law Company

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