Loading...

Time for calculation of long-term working allowance

Wed, 13 Sep 2017 16:15:17 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Since 2012, Ms. Ngo Thi Dung (in Gia Lai Province) has been approved by the District People's Committee to work under the labor contract of a 12-month renewal period for each time signature, with the title of Justice - Civil Status in the commune that  has extremely difficult socio-economic conditions.

 

By January 2015, Ms. Dung has been recruited as a civil servant with the title of Civil Justice and continues to work in that commune. By 2017, she has 60 full months of work, paid social insurance. Ms. Dung asked, with 3 years she worked under labor contracts and paid social insurance,  is she jointly considered to calculate the long-term allowance?

Lawyer Tran Van Toan, Lawyer Khanh Hung - Hanoi Bar Association answered as follows:

On December 24, 2010, the Government issued Decree No. 116/2010 / ND-CP on the policy for cadres, civil servants, employees and wage earners in the armed forces who work in the areas of especially difficult socio-economic conditions.

In Item 1, Article 2 of Joint Circular No. 08/2011 / TTLT-BNV-BTC dated August 31, 2011 of the Ministry of Interior - Ministry of Finance guided cadres and civil servants, Officials and employees who work under the labor contract regime, include apprentices and probationers in agencies, organizations and non-business units of the Party, the State and socio-political organizations defined in Clause 1, Article 2 Decree 116/2010 / ND-CP as follows:

- Officials, public servants (including apprentices) and persons who work under the labor contract regime, who are paid salaries from the state budget, shall work in the Party's and State's agencies and central-level socio-political organizations; in provinces and cities under central authority; In rural districts, urban districts, towns and citiesunder provinces;

- Employees (including apprentices, probationers) and those who work under the labor contract are entitled to salaries from the state budget and non-business revenues according to law provisions and work in non-business units of the Party. State, socio-political organizations;

- Cadres, civil servants in communes, wards and townships as stipulated in Clause 3, Article 4 of the Law on Cadres and Civil Servants;

Persons who work in the cipher organization.

Long-term working allowance

Long-term working allowances in the exceptionally difficult socio-economic regions defined in Article 5 of Decree No. 116/2010 / ND-CP are guided in Clause 2, Article 4 of Joint Circular No. 08/2011. / TTLT-BNV-BTC as follows: Actual working time in regions with particularly difficult socio-economic conditions is the total working time with compulsory social insurance in regions with especially difficult socio-economic conditions., if there is a break time is added.

- Level 0.5 compared with the common minimum wage applicable to persons who have worked in areas with particularly difficult socio-economic conditions from full 5 years to less than 10 years

 - Level 0.7 compared with the common minimum wage applicable to persons who have worked in regions with particularly difficult socio-economic conditions for a period of from 10 full years to less than 15 years;

If the issue is like Ms. Ngo Thi Dung reflected, then Ms. Dung has the process of work, pay social insurance as follows:

From 2012, the District People's Committee wrote an official document to approve Mrs. Dung to work under the labor contract regime, with a 12-month renewal period, with the title Justice - Civil Status in communes with special socio-economic conditions. difficult. By January 2015, Ms. Dung has been recruited civil servants of the title Justice - Civil status continues to work in that commune.

Guideline at Point c, Clause 1, Article 2 of Circular No. 08/2011 / TTLT-BNV-BTC only mention cadres and civil servants without mentioning employees under labor contract regime in communes, wards and townships. The subject of policy application in Decree 116/2010 / ND-CP is that the regime of labor contract in communes, wards and towns usually only applies to those who work part-time.

Where Ms. Dung was approved by the District People's Committee to implement the labor contract with title Justice - Civil Status in the commune with extremely difficult socio-economic conditions and receive salaries from the State budget, To pay salaries as administrative employees under Decree No. 204/2004 / ND-CP, with compulsory social insurance payment, similar to the case of employees who work under the labor contract regime in state agencies and public-service units. Clause 1, Article 2 of the Circular No. 08/2011 / TTLT-BNV-BTC, which is subject to the application of Decree No. 116/2010 / ND-CP.

Therefore, the time Ms. Dung worked full-time under the contract until the recruitment of civil servants, should be considered together with the time as civil servants, to calculate the long-term allowance regime as prescribed in Article 5 of Decree No. 116/2010 / ND-CP is guided in Clause 2, Article 4 of Joint Circular No. 08/2011 / TTLT-BNV-BTC.

   Lawyer Tran Van Toan          

Khanh Hung Lawyer Office, Hanoi Bar Association

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

---------------------------------------------

Same category News :

Other news :

Legal Documents

Circular No 24/2015/TT-BTTTT on Regulations on management and use of Internet resources

Contact

google+

linkedin