Will adjust regulations on overtime pay for teachers

The Ministry of Education and Training has just announced a draft Circular regulating overtime pay for teachers in public educational institutions to solicit comments.

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 publiceducational institutions in the past.

A notable new point in the Draft Circular is the adjustment of the conditions for paying overtime allowances. The Draft Circular removes the provisions on the conditions for paying overtime allowances to teachers, instead only stipulating 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 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 make payment of overtime wages to teachers.

This regulation, according to the Ministry of Education and Training, 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.

Another notable new point is the Draft Circular adjusting 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, the new Draft Circular stipulates in detail the total number of hours paid for overtime teaching as follows: (1) for preschool teachers, not exceeding the number of overtime hours as prescribed by labor law; (2) for other teachers, not exceeding 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.

The Ministry of Education and Training also added regulations on the responsibility for paying overtime wages for teachers who teach in inter-school 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. Overtime wages for teachers sent by competent authorities to teach in inter-school shall be paid by the educational institution to which the teacher is assigned.

In case a teacher is assigned to teach at 3 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 overtime teaching hours will be divided equally among these educational institutions...

Source: https://nhandan.vn/se-dieu-chinh-quy-dinh-che-do-tra-luong-day-them-gio-cho-nha-giao-post880067.html