Proposal for calculating salary for extra teaching for teachers

This draft circular will replace the current Joint Circular 07/2013, aiming to overcome difficulties and obstacles in implementing overtime pay regimes for teachers in publiceducational institutions in recent times.

The Ministry of Education and Training said that the contradiction between Joint Circular 07/2013 and some documents of higher legal status leads to the inability to pay overtime wages to teachers, for example preschool teachers, due to the nature of the job, actual working hours can be up to 9-10 hours/day; there is no basis for converting between teachers' teaching hours and administrative working hours.

Proposal on calculating teachers' extra teaching salary. (Illustration photo)

Therefore, the Ministry of Education and Training has drafted a plan to overcome these limitations, so that teachers can receive a fair salary for teaching overtime.

First, adjust the conditions for paying overtime. The draft removes the regulations on conditions for paying overtime for teachers, instead only regulating the maximum total number of teaching hours in a school year for which each educational institution is paid overtime wages.

At the same time, it is added that the total number of extra teaching hours in a school year of all teachers must not be higher than the maximum total number of extra teaching hours in a school year of the educational institution.

In case there are not enough teachers to teach a subject, and teachers have to teach more than the maximum number of hours paid for a teacher, the head of the educational institution shall report to the competent management agency to pay overtime wages to the teachers.

This regulation aims to remove difficulties and obstacles for educational institutions, while ensuring that teachers enjoy overtime benefits according to the provisions of the Law on Civil Servants and the Labor Code.

Second, adjust the total number of extra teaching hours during the school year. The current joint circular stipulates that the total number of extra teaching hours must not exceed the number of overtime hours as prescribed by law.

The draft stipulates that "the total number of hours paid for overtime teaching for preschool teachers shall not exceed the number of overtime hours prescribed by labor law; for other teachers, it shall not exceed 150 teaching hours".

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

Third, supplement the regulations on the responsibility for paying overtime wages to teachers who teach in inter-school or on secondment. According to the draft, overtime wages of teachers sent by competent authorities on secondment shall be paid by the educational institution to which the teacher is seconded.

The overtime pay of teachers sent by competent authorities to teach at inter-schools shall be paid by the educational institution where the teacher teaches. In case a teacher is sent to teach at 3 or more schools, the overtime pay shall be paid by the educational institutions where the teacher teaches, and the number of extra teaching hours of the teacher shall be divided equally among these educational institutions.

Fourth, the draft adds a provision that tasks that have been compensated in cash or allowances cannot be converted into teaching hours or have their teaching quota reduced.

Fifth, supplement regulations on the timing of payment of overtime pay. The draft circular stipulates that preschool, general education, continuing education, university preparatory education, specialized schools and vocational education institutions shall pay overtime pay to teachers after the end of the school year.

Sixth, it is stipulated that universities, colleges, training and fostering establishments of ministries, branches and localities shall base on the provisions of this circular and the actual conditions of the educational establishments to prescribe the payment of overtime teaching wages, not lower than the level prescribed in this circular to ensure the autonomy of educational establishments.

Seventh, regulations on payment of overtime pay for teachers who have not worked for a full school year. The draft stipulates that teachers who retire, take sick leave, or go on maternity leave beyond the legal limit, take unpaid leave, or take other leave not directly involved in teaching will receive overtime pay for the actual time worked.

This creates a legal corridor for educational institutions to pay overtime wages in the above cases.

Eighth, educational institutions are allowed to apply the regulations on overtime pay in this circular when paying overtime pay to teachers in the 2024-2025 school year.

This regulation aims to resolve difficulties in paying overtime wages in recent years, and at the same time, to ensure teachers' rights in the 2024-2025 school year.

The new draft circular is under construction with the coordination of the Ministry of Home Affairs and the Ministry of Finance .

Ha Cuong

Source: https://vtcnews.vn/de-xuat-cach-tinh-luong-day-them-cho-giao-vien-ar943437.html