Many new points about regulations on overtime pay for public school teachers

Accordingly, the draft Circular adjusts the conditions for paying overtime allowances, removing the provisions on conditions for paying overtime allowances 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 eacheducational institution is paid overtime wages. At the same time, it adds a provision that the total number of overtime teaching hours in a school year for all teachers must not be higher than the maximum total number of overtime teaching hours in a school year of the educational institution; in cases where there are not enough teachers to teach a subject, and teachers must teach in excess of the maximum number of hours paid for a teacher, the head of the educational institution shall report to the competent management agency to implement the payment of overtime wages to teachers.

This regulation aims to remove difficulties and obstacles 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.

The draft Circular also adjusts 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 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 paid for overtime wages as follows: For preschool teachers, it shall not exceed the number of overtime hours as prescribed by law on labor; For other teachers, it shall not exceed 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.

In addition, the Ministry of Education and Training also added regulations on the responsibility for paying overtime wages for teachers teaching in inter-schools or on secondment. According to the new Draft Circular, overtime wages for teachers sent by competent authorities on secondment shall be paid by the educational institution to which the teacher is seconded. The overtime wages for teachers sent by competent authorities to teach in inter-schools shall be paid by the educational institution to which the teacher is assigned. In the case where a teacher is assigned to teach in inter-schools at the same time at 3 or more educational institutions (including the educational institution where the teacher works), the overtime wages for the teacher shall be paid by the educational institutions to which the teacher is assigned to teach in inter-schools, and the number of extra teaching hours of the teacher shall be divided equally among these educational institutions.

The new draft Circular 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 (Circular No. 20/2020/TT-BGDDT; Circular No. 36/2020/TT-BGDDT; Circular No. 05/2025/TT/BGDDT).

The new draft Circular 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.

The new draft Circular supplements regulations on universities, colleges, training and fostering establishments of ministries, ministerial-level agencies, government agencies, and provincial and centrally-run city Political Schools to base on the provisions of this Circular and the actual conditions of the educational establishments to regulate overtime teaching wages for teachers under their management authority, not lower than the level prescribed in this Circular to ensure the autonomy of educational establishments.

The new draft Circular stipulates that teachers who retire, take sick leave, take maternity leave beyond the legal regulations, take unpaid leave, or take other leave without direct teaching activities are entitled to overtime pay for the actual working time. This creates a legal framework for educational institutions to pay overtime pay to teachers who retire, take sick leave, take maternity leave beyond the legal regulations, take unpaid leave, or take other leave without direct teaching activities.

According to the new Draft Circular, 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 pay in recent years, and at the same time, to ensure the rights of teachers in the 2024-2025 school year.

The new draft Circular is being developed with the coordination of the Ministry of Home Affairs and the Ministry of Finance . If approved, the Circular, when issued, will overcome difficulties and obstacles in implementing overtime pay regimes for teachers in public educational institutions in the past, creating favorable conditions for educational institutions in implementing regimes and policies for teachers.

According to VOV

Source: https://baothanhhoa.vn/nhieu-diem-moi-ve-quy-dinh-tra-luong-day-them-gio-cua-giao-vien-truong-cong-lap-248868.htm