Question 58: In the period of training and re-training fire prevention and fighting skills, Employees who are members of the grassroots fire prevention and fighting team will enjoy what kinds of allowance? Will these allowances be added to the salary as a basis to pay compulsory SI premiums? If the training, re-training period falls into weekly days off, must Employers pay Employees for their overtime work?

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In the period of training and re-training fire prevention and fighting skills, Employees who are members of the grassroots fire prevention and fighting team will enjoy what kinds of allowance? Will these allowances be added to the salary as a basis to pay compulsory SI premiums?

As prescribed by labour law, when participating in fire prevention and fighting skill training, re-training sessions, members of the grassroots fire prevention and fighting team can stop working but still receive full salaries and other allowances (if any), and a remuneration of 0.5 daily wage[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 have not been counted into the contract salary or have 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 Employers will pay to Employees if they are members 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].

If the training, re-training period falls into weekly days off, must Employers pay Employees for their overtime work?

As prescribed by labour law, the participation in meetings, education or training sessions at the 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, re-training sessions, members of the grassroots fire prevention and fighting team can stop working but still receive full salaries. Therefore, the time when members of the grassroots fire prevention and fighting team participate in fire prevention and fighting skill training, re-training sessions will be counted into working hours. So, if the training or retraining sessions fall into weekly rest days, Employers are obliged to pay Employees for their overtime work at the rate of 200%[6].

[1]Article 35.4 Decree 79/2014/NĐ-CP dated 31/07/2014

[2]Article 21.1 (b) Decree 05/2015/NĐ-CP dated 12/01/2015

[3]Article 30.1 Circular 47/2015/TT-BLĐTBXH dated 16/11/2015

[4]Article 17.2 Decree 115/2015/NĐ-CP dated 11/11/2015

[5]Article 3.7 Decree 45/2013/NĐ-CP dated 10/05/2013

[6]Articles 106.1 and 97.1 (b) Labor Code