I am the Deputy Principal of a primary school and also the Chairperson of the Trade Union. During the school year, I teach the required 4 lessons per week. According to Circular No. 08/2016/TT-BGDĐT, school administrators (Principals, Deputy Principals) who also work in the trade union on a non-professional basis are still required to teach the full number of teaching hours as stipulated.
If the time spent on union duties results in the total working hours exceeding the prescribed limit, then overtime pay is entitled according to current regulations. I would like to ask if I am entitled to overtime pay? (Nguyen Thi Hao, nguyenhao***@gmail.com)
* Reply:
According to Clause 4, Article 8 of Circular No. 05/2025/TT-BGDĐT dated March 7, 2025, issued by the Ministry of Education and Training , the working regime for general education teachers, pre-university teachers, principals, and vice-principals does not allow for the conversion of reduced teaching load quotas for concurrent duties as substitutes for teaching load quotas.
At the same time, according to Clause 4, Article 4 of Circular No. 08/2016/TT-BGDĐT, Principals and Vice-Principals who perform non-specialized trade union duties must still teach the full number of teaching hours as prescribed. If the time spent concurrently performing trade union duties results in the total working time exceeding the prescribed limit, they are entitled to overtime pay according to current regulations.
Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC dated March 8, 2013, on the overtime pay regime clearly states the principle: “Overtime pay shall only be paid in units or departments with a shortage of teachers as approved by the competent authority. In cases where there is no shortage of teachers, payment shall only be made when a teacher is absent due to illness, maternity leave, attending training, or performing other duties assigned by the competent authority and another teacher is needed to teach in their place.”
To be eligible for overtime pay for concurrent union duties, you need to clarify your total actual working hours, based on the school's teacher staffing situation, and report to the Principal for specific guidance. The school will review your application, compare it with regulations, and prepare the necessary procedures to request approval from the relevant authority if you meet the eligibility criteria.
Readers can send any questions or concerns regarding policies and regulations for teachers to the "Readers' Mailbox" section of the Education & Times Newspaper: 15 Hai Ba Trung Street (Hoan Kiem District, Hanoi).
Email: bandocgdtd@gmail.com
Source: https://giaoducthoidai.vn/quy-dinh-ve-huong-che-do-thua-gio-post739113.html
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