Expected changes in overtime pay for teachers

According to the Ministry of Education and Training, this draft circular will replace the current Joint Circular No. 07, aiming to overcome difficulties and obstacles in implementing overtime pay regimes for teachers in publiceducational institutions in recent times.

Specifically, current regulations cannot pay overtime wages to teachers due to eligibility conditions (for example, preschool teachers, due to the nature of their work, actual working hours can be up to 9-10 hours); there is no basis for converting between teachers' teaching hours and administrative working hours.

The Ministry of Education and Training plans many changes in the overtime pay regime for teachers.

PHOTO: BN

Adjustment of overtime payment conditions

The notable new points in the draft are the   regulations on conditions for paying overtime pay for teachers, instead only stipulate the maximum total number of teaching hours in a school year for which each educational institution is paid overtime pay.

At the same time, it is necessary to supplement the regulation 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, the head of the educational institution shall report to the competent management agency to pay teachers overtime wages.

According to the Ministry of Education and Training, 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.

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.

Adjust the total number of paid tutoring hours

Joint Circular No. 07 stipulates that the total number of extra teaching hours for which overtime pay is calculated in a school year shall not exceed the number of overtime hours as prescribed by law. However, the new draft circular specifies in detail the total number of hours for which overtime pay is paid.

Specifically, for preschool teachers, no more than the number of overtime hours prescribed by labor law; for other teachers, no more than 150 teaching hours.

This regulation ensures that it is consistent with the characteristics of teachers' professional activities. In order to have 1 hour of direct teaching in class, teachers must have time to prepare before class 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.

Extra teaching hours for teachers teaching inter-school or on secondment

According to the draft new circular, the overtime pay of teachers sent by competent authorities to teach on assignment shall be paid by the educational institution to which the teacher is assigned. The overtime pay of teachers sent by competent authorities to teach on inter-school assignments shall be paid by the educational institution to which the teacher is assigned to teach on inter-school assignments.

In case a teacher is assigned to teach at three or more educational institutions at the same time (including the educational institution where the teacher works), the teacher's overtime salary will be paid by the educational institutions where the teacher teaches at the inter-school level, and the teacher's extra teaching hours will be divided equally among these educational institutions.

In addition, 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 hours reduced to calculate overtime pay, except in cases where the law provides otherwise to ensure consistency and synchronization with regulations on the working regime of teachers and lecturers.

The draft also stipulates that preschool, general education, continuing education, university preparatory, specialized schools and vocational education institutions shall pay teachers overtime wages after the end of the school year.

Supplementing regulations on payment of overtime pay for teachers who have not worked for a full school year. Specifically, teachers who retire, take sick leave, take maternity leave beyond the provisions of law, take unpaid leave, or take other leave not directly involved in teaching are entitled to overtime pay for the actual time worked.

This, according to the Ministry of Education and Training, aims to create a legal corridor for educational institutions to pay overtime wages for teachers who retire, take sick leave, or maternity leave beyond the provisions of the law, take unpaid leave, or other leave cases that do not directly involve teaching.

The Ministry of Education and Training said that in the process of drafting the new circular, there was coordination between the Ministry of Home Affairs and the Ministry of Finance .

Please read the full draft HERE.

Source: https://thanhnien.vn/du-kien-nhieu-thay-doi-ve-che-do-tra-luong-day-them-gio-voi-nha-giao-185250515184040832.htm