The contract signed by Wang Ling (pseudonym), a special post extension teacher, with the local government in 2013 showed that the salary should be paid in full and on time, but Wang Ling said that the actual situation was different from that stipulated in the contract. Photo courtesy of respondents
The Shaanxi Provincial Department of Education issued a notice to conduct a comprehensive investigation on the implementation of the salary and treatment of special post teachers in the province, and complete the comprehensive rectification before the end of April this year. Official website screenshot
According to the Beijing News, recently, many special post teachers in Yanchang County, Yan ‘an City, Shaanxi Province reported that more than 300 special post teachers in many local primary and secondary schools and kindergartens were owed wages, and the welfare benefits such as five insurances and one gold have not been solved for a long time.
The staff of Yanchang County Education, Science, Technology and Sports Bureau responded to the Beijing News reporter that this situation does exist in the local area, and the situation has been reported to the county, and a solution is being studied. The Shaanxi Provincial Department of Education also issued a document, demanding that the province comprehensively investigate the implementation of the salaries and benefits of special post teachers, and demanding that the salaries and benefits of special post teachers be implemented.
The Beijing News reporter found that special post teachers in Henan, Hebei, Anhui and other places were also owed wages, and the unit did not pay five insurances and one gold for them.
The reporter noted that in 2006, the Ministry of Education, the Ministry of Finance, the Ministry of Personnel and the Central Editorial Office jointly launched the "Special Post Plan", with the support of the central government, openly recruited college graduates to teach in rural schools in the "two basics" counties in the west. Since then, this group has been called special post teachers.
Li Bin, a lawyer of Beijing Zhongshengsheng Law Firm, said that China’s labor law and social insurance law clearly stipulate the above issues. As long as the employer and the parties establish labor relations, they must pay their wages on a monthly basis, and they must not default. Moreover, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment.
The salary is not paid monthly, and the unit fails to pay five insurances and one gold.
Wang Ling (pseudonym), a special post teacher in Yanchang County, graduated from university in 2013 and was admitted to the special post teacher in Yanchang County. Wang Ling introduced that when signing the contract, the government made it clear that the special post teachers were treated equally with local public teachers. However, during his three years as a special post teacher, the salary was never paid monthly, but the part subsidized by the central government every six months, and the rural subsidies that should be subsidized by local governments were never paid.
Zhou Lu (pseudonym), a special post teacher admitted to a primary school in Yanchang County in 2015, said that her situation was the same as that of Wang Ling. During her three years as a special post teacher, her salary was never paid monthly.
Another special post teacher, An Ran (a pseudonym), said that his girlfriend was an established teacher at that time. In addition to paying five insurances and one gold, the unit would pay more than 3,000 yuan a month on time, while his average monthly salary was only 2,200 yuan. "They are all teachers. I teach Chinese, mathematics and physical education, but my salary is less than my girlfriend."
In addition to wage arrears, Wang Ling and others also found that the unit did not pay five insurances and one gold for themselves, which made them unable to evaluate their professional titles. Zhou Lu said that she was pregnant in the third year when she became a special post teacher. When she went to the hospital to use the medical insurance card, she found that the unit had never paid five insurances and one gold.
The screenshot of group chat provided by Lin Yi (pseudonym), a special post teacher, shows that there are more than 300 special post teachers in the group, all of whom have similar problems. The Beijing News reporter then contacted several special post teachers who were admitted to local schools through national special post recruitment in 2012, 2013 and 2014 respectively. They all said that they were owed wages and did not enjoy five insurances and one gold.
Yanchang County Bureau of Education, Sports and Science: Studying the solution.
At the end of 2018, 289 special post teachers in Weinan City, Shaanxi Province encountered a similar situation. At that time, the Propaganda Department of Linyi District Committee responded to the Beijing News reporter that during the special post teachers’ service, the wages paid by the central government will be pre-allocated to the localities in advance, and the special post teachers in Linyi District received the wages paid by the central government half a year later because the Education Bureau of the district assessed the teachers once every six months, and then submitted an application for disbursement to the Finance Bureau.
The Beijing News reporter learned that the salary of special post teachers in Linwei District of Shaanxi Province was solved in February this year. The local government paid five insurances and one gold for the special post teachers, and reissued the arrears of wages and subsidies at that time.
In response to this extended event, on March 19th, Shaanxi Provincial Department of Education replied to Wang Ling by email, saying that Yanchang County Education, Science, Technology and Sports Bureau had held a meeting on March 11th, and conducted research on the implementation of the salary and treatment of teachers waiting for posts in public schools in the county, and held a symposium, agreeing that the teachers recruited for special posts in 2015 would become regular employees and go through relevant procedures.
On April 3, the Beijing News reporter called the Education Bureau of Yanchang County on this matter, and the relevant staff said that the situation had been reported to the county. At present, the matter is being investigated and solutions are being studied.
■ follow-up visit
Shaanxi Provincial Department of Education: Implement the salary and welfare guarantee for special post teachers before the end of this month.
In response to the problem of special post teachers, the Shaanxi Provincial Department of Education issued a notice and decided to conduct a comprehensive investigation on the implementation of the salary and treatment of special post teachers in the province.
The notice requires that the special post teachers who have passed the three-year service period and passed the examination can successfully go through the formal employment procedures, and whether their preparation and salary transfer are in place; Whether the salary of special post teachers in counties (districts) is put in place and paid in full monthly.
The notice also requires that the wage level of special post teachers in counties and districts be investigated and the wage level of public teachers under the same conditions be investigated; Payment of other social insurance premiums (such as work-related injury insurance and maternity insurance) and housing accumulation fund; Whether to grant subsidies to township workers, heatstroke prevention and cooling fees, winter heating subsidies, and whether qualified special post teachers implement living allowances for rural teachers.
In view of the problems in the implementation of the special post plan, such as delayed implementation of wages and salaries, failure to reach the designated position, and failure to meet the standards, the notice requires local government departments to actively coordinate the departments of people’s society, finance, establishment, etc. at the same level to formulate a work plan for rectification and implementation. The province should fully implement the rectification in place before the end of April.
The Ministry of Education had previously given a clear answer to the question of whether special post teachers can evaluate their professional titles: special post teachers are recruited within the approved total establishment, that is, they become formal teachers after being hired. During the employment period, the local education administrative department will manage the special post teachers on a daily basis, including normal salary promotion and professional title evaluation.
■ extension
There is a problem of wage arrears for teachers in special posts in many places.
After graduating from Henan University in 2009, Wang Jia (pseudonym) was admitted to the team of special post teachers, who had similar problems with Shaanxi special post teachers in terms of salary and welfare. Wang Jia introduced that she has been a special post teacher for three years, and her salary has never been paid monthly. "The salary was paid once every six months in the first year of work, and then it was paid once every quarter. There are two special post teachers who joined our school together. We also asked the principal at that time, and the reply was that the salaries of special post teachers were paid in this way, which is a normal phenomenon. "
In 2018, the special post teachers in Xincai County, Henan Province also encountered the problem of wage arrears. Later, many teachers constantly reported to the Education Bureau that the problem was solved, but the situation that the professional title and rating could not be evaluated still existed.
Lu Ming (pseudonym), who was admitted to the team of special post teachers in 2018, now works in a middle school in Hebei Province. Because the Education Bureau has to assess the special post teachers who have just joined the job, the salary has also been delayed for half a year. "Arrears of wages, inability to participate in rating and evaluation of professional titles."
■ Lawyer’s statement
Arrears of wages and non-payment of social security are suspected of violating the law.
Li Bin, a lawyer of Beijing Zhongshengsheng Law Firm, said that Article 50 of Chapter 5 of the Labor Law of People’s Republic of China (PRC) stipulates that wages should be paid to the workers themselves on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason. As long as the employer and the parties sign a labor contract, they will establish labor relations on behalf of both parties. For example, in the above-mentioned incident, the local assessment of special post teachers once every six months to prevaricate the arrears of wages is obviously inconsistent with the legal provisions.
Article 58 of the Social Insurance Law of People’s Republic of China (PRC) stipulates that the employer shall apply for social insurance registration for its employees within 30 days from the date of employment. Li Bin said that employers should pay social insurance for both formal teachers and teachers who sign labor contracts as long as they establish labor relations.
Li Zhennan, a lawyer from Beijing Yingke (Guangzhou) Law Firm, said that teacher relations can be divided into two types: contract labor relations and personnel relations managed by public institutions. After a teacher signs a labor contract, it is a labor relationship with the unit. It is illegal to delay the payment of wages, and teachers can defend their rights according to law.
Original title: Arrears of wages for special post teachers. Shaanxi requires rectification this month.
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