Seniority allowance

(Baonghean) - Question: I graduated in 1995 and have been teaching for 19 years now, and have participated in compulsory social insurance for all 19 years. I have not violated labor discipline, my salary has been increased every 2 years, and I have kept all decisions on salary grade transfer. So am I entitled to seniority allowance? - Tran Thu Ha (Nam Thanh - Yen Thanh).

Answer: In your letter, you did not say whether you are a contract or permanent teacher. Therefore, in your case, we would like to advise as follows:

First: If you are a teacher on the payroll of a competent authority, you are fully eligible to receive seniority allowance for teachers according to Decree No. 54/2011/ND-CP dated July 4, 2011 of the Government. Note that your probationary period will not be counted towards seniority allowance.

Second: If you are only a contract teacher, you will not be subject to the above decree even if you pay compulsory social insurance.

Ask:Ms. Ho Thi Tuyet (born in 1957), former Principal of Tan Son Kindergarten, joined the industry in 1976, became principal in 1976 continuously until December 2012 and enjoyed seniority of 34 years and 3 months. Ms. Nguyen Thi Xuan (born in 1957), former Principal of Quynh Ngoc Kindergarten (Quynh Luu), joined the industry in 1975, was promoted to principal from 1976 to 2012. Seniority in the industry is calculated as 35 years and 3 months. We both have establishment decision No. 2181/TCCB-QD dated November 16, 1985 issued by the Organization Committee of Nghe Tinh province. We have a retirement decision, Quynh Luu district Social Insurance and Nghe An province Social Insurance calculated the regime for the two of us to enjoy as 27 years and 1 month and seniority in the industry is also calculated as 27 years and 1 month. Is that correct?

Reply:Regarding the content of the two women's questions, in discussion with the Social Insurance agency of Nghe An province, it was known that: According to Decision No. 133/HDBT dated August 17, 1982 of the Council of Ministers on a number of preferential regimes for teachers and teaching staff, Section 6 clearly states "Principals of kindergartens in rural areas who meet the standards and have been trained are recruited into the state payroll". In order to implement the regime for employees in accordance with the provisions of the Social Insurance Law, the Director of Nghe An Social Insurance also issued Official Dispatch No. 1165/BHXH-PT on handling errors in the Social Insurance book. Accordingly, the Directors of Social Insurance of districts, cities and towns are required to implement a number of contents.

In which the third content clearly states "The Social Insurance book has been issued to kindergarten teachers in rural areas, calculating the tenure from the date of joining the industry according to the Decision of the Organization Committee of the Nghe Tinh Provincial Government (1985), the District Social Insurance guides employees to provide documents related to the working process before 1995, transferred to Nghe An Social Insurance to readjust the working time to calculate the Social Insurance from the date of becoming the principal of a rural kindergarten according to Decision No. 133/HDBT dated August 17, 1982 of the Chairman of the Council of Ministers on recruiting "Rural kindergarten principals into the State payroll".

Thus: The women are preschool teachers in rural areas recruited into the state payroll according to the decision of the Provincial Government Organization Committee. Therefore, their time to enjoy social insurance benefits is calculated from the date they participate in social insurance (which is also from the date they are recruited into the state payroll). Therefore, the calculation method as of Quynh Luu District Social Insurance and Nghe An Province Social Insurance is correct.

TN