Standards for seniority allowance and unemployment insurance

1) Some officials and teachers asked: We are teachers of Que Phong district, have been on the payroll; in 2002 we retired according to Decision 109 of the Provincial People's Committee; from 2008 until now we have been transferred to work as secretaries of schools in the district. So are we entitled to the regime according to Decree No. 54/2011/ND-CP? Is our teaching time before 2002 counted towards seniority allowance?

Reply:The Ministry of Education and Training, the Ministry of Home Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs have issued Circular No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBXH guiding the implementation of a number of articles of Decree No. 54/2011/ND-CP of the Government on seniority allowances for teachers. Accordingly, the subjects entitled to seniority allowances are teachers on the payroll, currently teaching and educating in public educational institutions in the national education system and schools, centers, and academies of state agencies, political organizations, and socio-political organizations that receive operating funds from the state; teachers on the payroll who are currently teaching and instructing practice at workshops, stations, camps, and laboratories of public vocational education institutions and universities.

Currently, you are working as a clerk, which means you are not a “teacher on the payroll, teaching and educating in public educational institutions…” so you are not eligible for the regime under Decree No. 54/2011/ND-CP; and of course, your teaching time before 2002 is not counted for seniority allowance.

2) Do we teachers have to pay unemployment insurance?

Reply:The Ministry of Labor, War Invalids and Social Affairs has issued Circular No. 32/2010/TT-BLDTBXH guiding the implementation of a number of articles of Decree No. 127/2008/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on unemployment insurance. Accordingly, the subjects and scope of application of this Circular are the subjects and scope of application specified in Articles 1, 2 and 3 of Decree No. 127/2008/ND-CP, except for those who are civil servants as prescribed in Decree No. 06/2010/ND-CP of the Government regulating those who are civil servants. Therefore, teachers - who are civil servants and not civil servants, must pay unemployment insurance. Every month, employers contribute 1% of the salary and wages fund for unemployment insurance of unemployment insurance participants and deduct 1% of the monthly salary and wages for unemployment insurance of each employee to contribute at the same time to the Unemployment Insurance Fund.

TN