Working time and beneficiaries of seniority allowance in the Education sector

(Baonghean)-Mr. Cao Hoang Thao, Dien Thinh Secondary School, Dien Chau, Nghe An asked: I graduated from Nghe Tinh 10+3 Pedagogical School in 1980 and in September of that year received a Decision from the Department of Education and Training to work in the mountainous district of Ky Son, Nghe Tinh. Three years later (September 1983), I was admitted and received a decision from the Department of Education and Training to study the Literature class at Vinh University of Education, full-time, and received the current salary during my studies.

In September 1987, I received a decision to teach at Ky Son District High School, then transferred to teach literature at Ky Son Pedagogical School. In 1990, I decided to move back to my hometown (Dien Chau) to teach at secondary school... As of December 2011, I received a salary and the time of continuous participation in social insurance was 31 years and 4 months. The Department of Education and Training of Dien Chau District calculated my seniority as 25 years and 4 months. Specifically, excluding 2 years of internship in the mountainous area and 4 years of studying at Vinh Pedagogical University (although the time of studying was decided by the Department of Education and Training and I received a salary). Is this way of calculating seniority correct?

Answer: Regarding your question, according to point a, clause 2, article 2 of Decree No. 54/2001/ND-CP dated July 4, 2001 on seniority allowance for teachers, it is stipulated that the period of receiving seniority allowance is the period of teaching and educating in educational institutions.

Also at point a, clause 3, article 2 stipulates: The probationary period, probationary period or the first employment contract period is not counted as seniority allowance.

Compared with the above regulations, the fact that the Department of Education and Training of Dien Chau district does not add the probationary time and the school time to calculate seniority allowance is in accordance with regulations.

- Ms. Nguyen Thi Minh, Hung Binh Ward, Vinh City asked: After graduating from Vinh University of Education, in 2000 I was assigned to teach at a High School in Hung Nguyen District. In 2001, my probationary period ended, and nearly 9 years later, in 2009, I transferred out of the education sector. So am I entitled to seniority allowance? If so, which agency will pay it?

Answer: Regarding your question, according to Article 1 of Decree No. 54/2001/ND-CP dated July 4, 2001 on seniority allowance for teachers, the subjects eligible for seniority allowance are: Teachers who are teaching and educating at public educational institutions.

The Decree also stipulates: Teachers transferred to educational management agencies such as the Department of Education and Training and the Department of Education and Training are not entitled to seniority allowance.

Compared with the above regulations, her case is not entitled to seniority allowance.

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