If approved, this draft circular will replace the current Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC (Joint Circular No. 07), aiming to overcome difficulties and obstacles in implementing overtime pay regimes for teachers in public educational institutions in recent times.

One of the notable new points is the adjustment of the conditions for paying overtime pay. The draft circular removes the provisions on the conditions for paying overtime pay for teachers in Clause 6, Article 3 of Joint Circular No. 07, instead only regulating the maximum total number of teaching hours in a school year for which each educational institution is paid overtime pay.

At the same time, the draft adds a provision that the total number of extra teaching hours in a school year for all teachers must not be higher than the maximum total number of extra teaching hours in a school year of the educational institution; in cases where there are not enough teachers for a subject and a teacher has to teach more than the maximum number of hours to be paid, the head of the educational institution shall report to the competent management agency to make payment of overtime wages to that teacher.

According to the Ministry of Education and Training, this regulation aims to remove difficulties for educational institutions, while ensuring that teachers are entitled to overtime benefits according to the provisions of the Law on Civil Servants and the Labor Code.

In addition, based on this regulation, school principals must assign tasks to teachers appropriately, ensuring fairness and minimizing the situation in an educational institution where there are teachers who teach overtime and teachers who teach short hours.

Another new point is the adjustment of the total number of extra teaching hours in a school year for teachers who are paid overtime wages. Joint Circular No. 07 stipulates that the total number of extra teaching hours calculated for overtime wages in a school year must not exceed the number of overtime hours as prescribed by law. However, with the new draft circular, the detailed regulations on the total number of hours paid for overtime wages are as follows: (1) for preschool teachers, not exceeding the number of overtime hours as prescribed by law; (2) for other teachers, not exceeding 150 teaching hours.

The Ministry of Education and Training said that this regulation ensures that it is consistent with the specific professional activities of teachers. In order to have 1 hour of direct teaching in class, teachers must have time to prepare before and after class to evaluate and classify students. This regulation also aims to ensure that teachers do not have to work too hard and have time to rest and restore their labor.

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Illustration: Thanh Hung

The third new point is to clearly stipulate the responsibility for paying for extra teaching hours for teachers who teach in inter-schools or on secondment. According to the draft new circular: Teachers who are seconded will be paid for extra teaching hours by the receiving educational institution; Teachers who teach in inter-schools will be paid by the educational institution where they teach; In the case of teachers who teach in inter-schools at 3 or more institutions (including the main workplace), the institutions where the teacher teaches will jointly pay for extra teaching hours, based on an equal division of teaching hours.

The new draft adds a provision that tasks that are paid in cash or allowances cannot be converted into teaching hours or have their teaching hours reduced to calculate overtime pay, unless otherwise provided by law. This, according to the Ministry of Education and Training, is to ensure consistency and synchronization with other regulations on the working regime of teachers and lecturers.

The draft also stipulates the timing of payment of overtime pay to teachers. Accordingly, preschool, general education, continuing education, university preparatory, specialized schools and vocational education institutions shall pay this amount at the end of the school year.

According to the new draft, universities and colleges; training and fostering facilities of ministries, ministerial-level agencies, government agencies; Political schools of provinces and centrally-run cities shall base on this circular and actual conditions to prescribe the overtime pay level for teachers under their management authority, not lower than the level prescribed in the circular.

In addition, the draft adds regulations on paying overtime wages to teachers who have not worked for a full school year. Teachers who retire, take sick leave, take maternity leave beyond the legal regulations, take unpaid leave, or take other leave that does not directly involve in teaching are entitled to overtime wages for the actual time worked.

Source: https://vietnamnet.vn/bo-gd-dt-sua-quy-dinh-tra-luong-day-them-gio-cua-giao-vien-2401538.html