The Ministry of Education and Training has just issued Circular No. 21/2025/TT-BGDDT regulating the regime of paying overtime wages for teachers in public educational institutions (Circular No. 21), effective from the date of issuance (September 23).
The new circular removes the provisions on conditions for paying overtime wages as previously prescribed. Meanwhile, the old circular stipulates that overtime wages are only paid in units or departments that lack the number of teachers approved by competent authorities. Units or departments that do not lack teachers are only paid overtime wages when a teacher is on sick leave or maternity leave according to the provisions of the Law on Social Insurance or goes to study, train, participate in inspection teams, and participate in other tasks (hereinafter referred to as performing other tasks) assigned or mobilized by competent authorities, requiring other teachers to be arranged to teach instead.
According to the Ministry of Education and Training, in reality, the number of teachers approved by competent authorities is almost lower than the number of teachers according to the norms prescribed by the Ministry of Education and Training - the norm to ensure the implementation of the education program on the basis of adequate working conditions for teachers. In addition, due to the nature of teaching by subject, although the total number of teachers is enough according to the norms, when calculating by subject, there are still situations where there are subjects with excess teachers and subjects with shortages of teachers. For subjects with shortages, teachers have to teach extra hours.
Preschool teachers work 6 hours a day, but in reality, due to the nature of their job and the demands of parents, they often have to pick up children early and drop them off late (in some cases, they have to work directly at school from 6:30 to 18:00, meaning the actual working time can be up to 9-10 hours).
Thus, even though educational institutions have enough assigned teachers, in reality, teachers still have to teach more than the prescribed teaching hours without being paid overtime wages.
Therefore, to ensure that teachers who teach extra hours are paid, to ensure fairness in the division of tasks among teachers in the same educational institution and that the payment of overtime wages is consistent with the requirements of implementing the educational program, Circular No. 21 stipulates that the total number of extra teaching hours in a school year of all teachers must not be higher than the maximum total number of extra teaching hours in a school year of the educational institution for which the educational institution is paid . In which, the maximum total number of extra teaching hours for which the educational institution is paid is the total number of hours required to implement all tasks minus the total number of standard hours of all teachers actually present.
The new Circular also stipulates that the total number of extra teaching hours in a school year for each teacher must not exceed 200 hours, replacing the regulation that the total number of extra teaching hours for which overtime pay is calculated in a school year must not exceed the number of overtime hours prescribed by law, as in the previous Joint Circular No. 07.
The Ministry of Education and Training said that this regulation ensures compliance with the specific characteristics of teachers' professional activities and ensures that teachers do not have to work too hard and have time to rest and restore their labor capacity, in accordance with the provisions of the Labor Code.
The salary calculation formula is also adjusted to suit the current situation.
The old formula was:
| Salary per hour of teaching | = | Total salary for 12 months in the school year | x | 22.5 |
| Standard teaching hours/year | 52 weeks |
In there:
| 22.5 | = | 900 standard teaching hours | X | 44 weeks |
| 1,760 hours | 52 weeks |
The Ministry of Education and Training said that the current regulations on standard teaching hours for lecturers are equivalent to 600 to 1,050 administrative hours, so the above calculation formula is no longer suitable. Therefore, the salary for 1 teaching period is adjusted as follows:
| Salary per hour of teaching | = | Total salary for 12 months in the school year | x | Standard teaching hours/year calculated based on administrative hours | x | 44 weeks |
| Standard teaching hours/school year | 1,760 hours | 52 weeks |
The new circular also adds regulations on the responsibility for paying overtime wages for teachers on secondment and inter-school teaching; and on the time of paying overtime wages. Specifically, overtime wages for teachers on secondment are paid by the educational institution where the teacher is seconded. Extra-hour wages for inter-school teachers are paid by the educational institution where the teacher is assigned./.
Source: https://hanoimoi.vn/bo-gd-dt-dieu-chinh-quy-dinh-ve-chi-tra-tien-luong-day-them-gio-cho-giao-vien-717133.html
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