Ms. Le Nguyen Bao Tran (in Ba Ria-Vung Tau Province) would like to ask: According to Official Letter No. 3947 / BNV-TL guiding social insurance does not stipulate the payment of preferential and attractive allowances for people employees during the time of taking leave to enjoy the sickness and maternity regime ... So, when they take sick leave or maternity leave within the prescribed time, are officials entitled to preferential and attractive allowances?

Regarding this issue, Lawyer Tran Van Toan, the Khanh Hung Law’s Office, Hanoi Bar Association responded as follows:

According to Point b, Clause 2, Section I of Joint Circular No. 01/2006 / TTLT-BGD & DT-BNV-BTC dated January 23, 2006 of the Ministry of Education and Training, the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of the Decision Decision No. 244/2005 / QD-TTg dated October 6, 2005 of the Government’s Prime Minister stipulating the preferential allowance regime for teachers who are directly teaching in public educational institutions (the status is valid), the subjects defined in Clause 1 of this Section are not eligible for preferential allowances in the following periods: Business travel and  studying abroad time are entitled to 40% of the salary as prescribed in Clause 4, Article 8 of Decree No. 204/2004 / ND-CP; Working or studying time in the country does not participate in teaching continuously for more than 3 months; Unpaid personal time off from 1 month or more; Unpaid personal time off from 1 month or more; The time of sick leave and maternity leave exceeds the time limit prescribed in the current regulation on social insurance andteaching suspension period.

Regarding this issue, Lawyer Tran Van Toan, Khanh Hung Law’s Office, Hanoi Bar Association answers as follows:

According to Point b, Clause 2, Section I of Joint Circular No. 01/2006 / TTLT-BGD & DT-BNV-BTC dated January 23, 2006 of the Ministry of Education and Training, the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of Decision 244/2005 / QD-TTg dated October 6, 2005 of the Government’s Prime Minister stipulating the preferential allowance regime for teachers who are directly teaching in public educational institutions (status is valid) then, the subjects specified in Clause 1 of this Section shall not be entitled to preferential allowances in the following periods: Business travel, working or studying abroad time are entitled to 40% of the salary as prescribed in Clause 4 Article 8 of Decree No. 204/2004 / ND-CP; Working or studying in the country does not participate in teaching continuously for more than 3 months; Unpaid personal time off from 1 month or more; sick leave or maternity leave time exceeds the time limit prescribed in the current regulation on social insurance and teaching suspension period.

Clause 1, Section III of this Circular guides and preferential allowances to be paid on the same monthly salary period (including summer holidays) and is not used to calculate payment and enjoyment of social insurance and health insurance benefits.

According to Clause 2, Article 186 of  Labor Code 2012and the law on compulsory social insurance, employees are entitled to sick leave and maternity benefits paid by the insurance fund when they are sick.

In Clause 1 of Official Letter No. 3947 / BNV-TL dated August 27, 2015 of the Ministry of Home Affairs on the implementation of regimes applicable to officials, public servants and public employees mentioned, the law on social insurance does not stipulate the supplementary payment. provide incentives and allowances to attract employees during the time of leave to enjoy the sickness and maternity benefits as well as during the leave of absence in excess of the time enjoying the sickness or maternity regime as prescribed.

Therefore, teachers who are on sick leave and maternity leave (not exceeding the time prescribed by the Law on social insurance) are entitled to sickness and maternity allowance paid by the insurance fund.

According to Clause 1, Section III of Joint Circular No. 01/2006 / TTLT-BGD & DT-BNV-BTC, the teacher's allowance is not used to calculate the payment and entitlement to social insurance benefits, so the sickness and fetal allowance areproducts paid by social insurance do not have preferential allowances.

Lawyer Tran Van Toan

The Khanh Hung law’s Office, the Hanoi Bar Association