Answer:
1.In the period of training and fostering fire prevention and fighting skills, what kinds of allowance will the Employee who is a member of the grassroots fire prevention and fighting team be entitled to?
As prescribed by labour law, when participating in fire prevention and fighting skill training, fostering sessions, the members of the grassroots fire prevention and fighting team can stop working but still receive full salary and other allowances (if any), and remuneration of 0.5 daily wages[1].
On the other hand, the salary serving as a basis for paying compulsory SI premiums consists of salary, allowances and other supplementary amounts. In which, allowances are construed as the amounts to compensate for the elements of working conditions, jobs with complicated nature, living conditions, labour force attraction which has not been counted into the contract salary or has not been considered satisfactory[2] such as position or title allowance; responsibility allowance; allowance for heavy, toxic or dangerous working conditions; seniority allowance; regional allowance; mobility allowance; attraction allowance and allowances of a similar nature[3].
Based on the above regulations, the remuneration of 0.5 daily wages will not be considered an allowance that must be added to the salary. In fact, this is just a supplementary amount that the Employer will pay to the Employee if her or she is a member of the grassroots fire prevention and fighting team and participate in fire prevention and fighting skill training, retraining sessions. Furthermore, for other allowances such as fire prevention and fighting allowance which is applicable in particular to members of the grassroots fire prevention and fighting team, this is a position or title allowance which is considered a salary allowance and will be added to the salary serving as a basis for SI contribution[4].
2. Will these allowances be added to the salary as a basis to pay compulsory SI premiums? If the training, fostering period falls into weekly days off, must the Employer pays the Employee for his or her overtime work?
As prescribed by labour law, the time for participating in meetings, education or training sessions at Employer’s request or approved by the Employer will be counted into paid working hours[5]. In addition, as prescribed by law, when participating in fire prevention and fighting skill training, fostering sessions, members of the grassroots fire prevention and fighting team can stop working but still receive full salary. Therefore, the time when members of the grassroots fire prevention and fighting team participate in fire prevention and fighting skill training, fostering sessions will be counted into working hours. So, if the training or retraining sessions fall into weekly rest days, the Employer is obliged to pay the Employee for his or her overtime work at the rate of 200%[6].
[1]Article 35.4 Decree 79/2014/NĐ-CP dated 31/07/2014
[2]Article 6.2.2 of the Decision No. 595/QĐ-BHXH dated 14/04/2017
[3]Article 6.2.1 of the Decision No. 595/QĐ-BHXH dated 14/04/2017
[4]Article 17.2 Decree 115/2015/NĐ-CP dated 11/11/2015
[5]Article 58.6 of Decree 145/2020/NĐ-CP dated 14/12/2020
[6]Articles 107.1 and 98.1 (b) the Labour Code
