Ms. Le Ngoc Han works at the Medical Center of Tra Vinh Province. Previously, she was classified as 13a.095. In implementation of Joint Circular 08 / TTLT-BYT-BNV, she was appointed the occupation title of population class IV (code V.08.10.2), entitled to 30% vocational preferential allowance.

When the Center for Population - Family Planning was merged into the Health Center, in July and August 2018, Ms. Han was paid the correct salary by the new unit according to the working contract and a 30% preferential allowance. . But in September 2018, when she received her salary, she was cut from the 30% to 20% of the job incentive allowance.

According to the explanation of accountant, she is assigned to the administrative division so there is no allowance for job incentives. Meanwhile, according to the work contract and the task she is assigned that is in charge of population work - family planning (in charge of data storage) and also additional administrative work.

Ms. Han would like to ask, did the unit accountant make a mistake when cutting her job preference allowance? If wrong, where can shecan complain so her benefit is not lost when her center merges into a new unit?

Lawyer Tran Van Toan, the Khanh Hung Law Firm - the Hanoi Bar Association answers the question Ms. Han asked as follows:

According to Clause 1, Article 6 of the Joint Circular 08/2016 / TTLT-BYT-BNV dated April 15, 2016 of the Ministry of Health and the Ministry of Home Affairs stipulating codes and standards, professional titles for population, titles The class IV population occupation (code: V.08.10.29) has the following tasks:

Participating in building operational plans for population activities - family planning in the working area; proposing solutions to perform assigned professional tasks; collecting information, making population statistics reports - family planning; implementing activities on population - family planning according to expertise; professionally inspect and supervise the implementation of population - family planning work in assigned localities; professional guidance on population - family planning for collaborators; learning and fostering to improve capacity, expertise and profession; perform other duties when assigned.

Clause 3, Article 8 of Joint Circular 08/2016 / TTLT-BYT-BNV regulates and appoints the professional title of population class IV (code V.08.10.29) for current public employees. population - family planning, meeting the criteria specified in Article 6 of this Joint Circular, is currently ranked salary at the equivalent of a civil servant rank.

In the case that Ms. Le Ngoc Han is an official working on population - family planning, and enjoys a salary of 13a,095, equivalent to the rank of civil servants, qualified as prescribed in Article 6 of Joint Circular No. 08 / 2016 / TTLT-BYT-BNV, has been appointed to the job title of population class IV (code V.08.10.29) is in compliance with the regulations.

Job preference allowance level

According to Clause 5, Article 3 of Decree 56/2011 / ND-CP dated July 4, 2011 of the Government providing for the preferential allowance according to occupation for civil servants and public employees working in public health facilities. (in effective status), the 30% allowance rate applies to the following civil servants and public employees:

a) Regular and direct employees working as medical professionals to perform the following jobs: health communication and education; population - family planning;

b) Public officials and employees who do not directly perform medical professions at establishments, hospitals, specialized hospitals, centers: HIV / AIDS, leprosy, tuberculosis, psychiatry, pathology legal, forensic.

Clause 6 of this Article provides for civil servants and public employees not directly engaged in medical expertise; medical officials and employees working in management and service activities at health service units in general (except for the subjects specified at Point b, Clause 5 of this Article), and medical officers At the office, unit or school, the head of the unit, based on the specific work and income sources to consider and decide, does not exceed the level of 20% compared to the current salary level or plus allowances level, leadership positions, excessive seniority allowances (if any) of the beneficiaries.

According to Ms. Le Ngoc Han, after the Center for Population - Family Planning was merged into the Medical Center, she continued to enjoy a 30% preferential allowance in July and August 2018. From September 2018, the preferential allowance has been reduced to 20%.

To find out whether the current preferential allowance level is correct or not, we recommend her to compare the tasks assigned by the Health Center to the task of the IV class population title (code V.08.10 .29) specified in Clause 1, Article 6 of Joint Circular 08/2016 / TTLT-BYT-BNV?

If she is assigned regularly, directly working as a population specialist - family planning, in accordance with the task of population class IV (code V.08.10.29), Point a applies. , Clause 5, Article 3 of Decree 56/2011 / ND-CP, she is entitled to a 30% allowance compared to the current salary level and grade.

If Ms. Han is assigned the task of administration, service and not directly professional on population - family planning, then Clause 6, Article 3 of Decree No. 56/2011 / ND-CP shall be applied. Based on the specific work and revenue sources, the Director of the Health Center shall consider and decide on the preferential allowance level but not exceeding 20% ​​of the current salary level or grade.

Based on the work performed by medical officers, the director of the Medical Center decides the preferential allowance. An accountant is a person who performs accounting work, carries out financial revenues and expenditures, including salary and salary allowances; is not the person who has the right to decide the preferential allowance for medical officials and employees in the unit.

If she finds that the payment of the preferential allowance is not correct, she has the right to appeal the authority to settle first complaints about wages and preferential allowances is the Health Center Director.

Lawyer Tran Van Toan

The Khanh Hung Lawyers’ Office,The Hanoi Bar Association

* Category information is valid for reference to readers, not to be used as a document in legal proceedings.