Is it allowed to accumulate social insurance payment for calculation the salary increase?

Sun, 29 Nov 2020 19:09:00  |  Print  |  Email   Share:

Mr. Cao Duy Cuong (in Quang Binh Province) graduated from University of Mathematics and Physics Pedagogy. In September 2015-5 / 2016, he taught Mathematics - Physics at Thuong Hoa High School & Secondary School, Thuong Hoa Commune, Minh Hoa District under the contract regime and paid the social insurance premium by salary coefficient 2.34 level 1.

In December 2016-7 / 2018, he taught Mathematics - Physics at Dan Hoa Secondary and Secondary School in Dan Hoa commune, Minh Hoa district under the contract regime and paid the social insurance salary coefficient of 2.34 level 1. Before taking the entrance examination, Mr. Cuong had a total teaching time of Mathematics - Physics at Secondary School, paying the social insurance premium of 2 years and 5 months.

In August 2018, he applied for the entrance exam and was recruited for the title of a third-grade junior high school teacher, Math and Physics subject.

On October 9, 2018, he signed an official contract with the Dan Hoa High School and Secondary School ranked level 1, coefficient 2.1 and exempt from probation. The time to consider raising the salary grade specified in the contract is from October 9, 2018. Mr. Cuong asked, is this correct? Does that time of social insurance payment included in the period of consideration for salary increase?

Lawyer Tran Van Toan from Khanh Hung Law Office - Hanoi Bar Association answered Mr. Cuong as follows:

Under the provisions of Point a, Clause 2, Article 6 and Point c, Clause 1, Article 9 of Joint Circular No. 22/2015 / TTLT-BGDĐT-BNV dated September 16, 2015 of the Ministry of Education and Training and the Ministry Internal affairs, training qualifications applicable to professional titles of lower secondary school teachers must have a diploma of a college of education or higher or college of specializations relevant to the subject of teaching or higher and have certificates of training in pedagogic skills for secondary school teachers.

The salary rating for the professional title of junior high school teacher is applied the salary coefficient of public servants of category A0 (from coefficient 2.10 to salary coefficient 4.89) according to the professional salary sheet officials and employees in the State's public service delivery units (Table 3), issued together with the Government's Decree No. 204/2004 / ND-CP of December 14, 2004.

Under the guidance in Article 10 of Circular No. 15/2012 / TT-BNV dated December 25, 2012 of the Ministry of Home Affairs, the person who is recruited as am official is exempt from implementing the apprenticeship regime when fully meeting the following conditions:

Having worked with compulsory social insurance payment in the industry or field to be recruited from full 12 months or more;

During the working period with compulsory social insurance payment (in the industry or field to be recruited from full 12 months or more), he has performed professional jobs in accordance with the requirements of the vacant position.

The recruited person who has worked for a period of time and has paid compulsory social insurance, if he / she does not fully meet the conditions specified above, must apply the probationary regime.

The working time with compulsory social insurance payment of the recruited who has performed professional jobs in accordance with the requirements of the recruited job position (if any) is included in the next salary increase consideration period. appoint and classify salary into professional titles.

In the case, Mr. Cao Duy Cuong has a Diploma from University of Pedagogy of Mathematics - Physics. Before registering for the entrance exam, taking the entrance exam and being recruited into the position of a high school teacher of the third grade, Mr. Cuong had 2 years and 5 months (29 months) working with compulsory social insurance payment, working in the position. Teachers of Mathematics - Physics at secondary schools follow the contract regime, in accordance with the requirements of the vacancy to be recruited.

After being recruited, Mr. Cuong was issued a decision to recruit and appoint a professional title of a teacher at junior high school grade III (Code V.07.04.12); On October 9, 2018, Mr. Cuong was signed a working contract (an officer) with Dan Hoa High School and Secondary Education with a salary of 1/10, coefficient 2.1 and was exempt from probation. Regulations in Point a, Clause 2, Article 6 and Point c, Clause 1, Article 9 of Joint Circular No. 22/2015 / TTLT-BGDĐT-BNV and guidance in Article 10 of Circular No. 15/2012 / TT- BNV.

In the working contract, the time to consider the next salary increase from October 9, 2018 is correct. But according to the guidance in Clause 3, Article 10 of Circular No. 15/2012 / TT-BNV, the time Mr. Cuong has paid social insurance before being recruited is 2 years and 5 months (29 months) will be accumulated to calculate the time, consider raising the level 2/10. So, instead of having enough time for 36 months to keep the 1/10 level to upgrade to 2/10, Mr. Cuong will be considered to be upgraded to 2/10 on May 9, 2019.

       Lawyer Tran Van Toan

The Khanh Hung Lawyers  Office,  the Hanoi Bar Association   

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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