Circular No. 18/2019/TT-BLDTBXH dated November 8, 2019 guidance on implementation of wages, salaries, coaching and competition grants; social insurance, unemployment insurance, occupational accident and disease insurance; sickness, pregnancy and occupational accident allowances, for coaches and athletes durin........

CIRCULAR

GUIDANCE ON IMPLEMENTATION OF WAGES, SALARIES, COACHING AND COMPETITION GRANTS; SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE, OCCUPATIONAL ACCIDENT AND DISEASE INSURACE; SICKNESS, PREGNANCY AND OCCUPATIONAL ACCIDENT ALLOWANCES, FOR COACHES AND ATHLETES DURING THE TRAINING AND COMPETITION PERIOD

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 152/2018/ND-CP dated November 7, 2018 on several allowances for coaches and athletes during the training and competition period;

Upon the request of the Director of the Labor Relations – Salary Department;

Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular providing guidance on implementation of wages, salaries, coaching and competition grants; social insurance, unemployment insurance, occupational accident and disease insurance; sickness, pregnancy and occupational accident allowances, for coaches and athletes during the training and competition period.

Article 1. Scope

This Circular provides guidance on implementation of wages, salaries, coaching and competition grants; participation in social insurance, unemployment insurance, occupational accident and disease insurance; sickness, pregnancy, occupational accident and disease allowances, for coaches and athletes during the training and competition period under the provisions of Article 3, 4, 5 and 6 in the Government's Decree No. 152/2018/ND-CP dated November 7, 2018 regulating several allowances for coaches and athletes during their concentrated training and competition (hereinafter referred to as Decree No. 152/2018/ND-CP).

Article 2. Subjects of application

1. Coaches and athletes prescribed in clause 1 of Article 2 in the Decree No. 152/2018/ND-CP.

2. Entities supervising coaches and athletes prescribed in clause 2 of Article 2 in the Decree No. 152/2018/ND-CP.

3. Entities using coaches and athletes prescribed in clause 3 of Article 2 in the Decree No. 152/2018/ND-CP.

4. Other entities and persons involved in implementation of regulations laid down herein.

Article 3. Wages, salaries, coaching and competition grants

1. Coaches and athletes referred to in point a of clause 2 in the Decree No. 152/2018/ND-CP who are currently receiving wages and salaries from the state budget shall be entitled to:

a) Full amounts of wages and salaries as prescribed in point a of clause 1 of Article 3 in the Decree No. 152/2018/ND-CP.

b) If a coach or athlete receives a daily wage rate in the month immediately before being called up for training and competition which is less than the respective daily wage rate applied to coaches and athletes as prescribed in clause 2 and 3 of Article 3 in the Decree No. 152/2018/ND-CP, he/she shall be entitled to the difference between two aforesaid rates, multiplied by the actual number of days during which he/she participates in a training session and competition in the paid month.

c) In case where the actual number of days of a concentration training or competition in a month exceeds 26 days, he/she shall receive an additional amount calculated by dividing the wage rate specified in point a of this clause by 26 days multiplied to get the quotient which is then multiplied by the number of excess days.

d) The wage amount paid to a coach or athlete per each month shall be defined by summing up the wage rate specified in point a of clause 1 of this Article and the compensating differential amount (if any) stipulated in point b and c of this clause. In case where the actual timelength of a concentration training or competition exceeds 26 days, an additional grant amount specified in clause 3 of this Article shall be paid.

Example 1: Coach Nguyen Van A working for Sports Center of T province since November 1, 2019 is paid according to the pay ranges for coaches and pay coefficient of 3.66, and receives the sum of VND 5,453,400/month (3.66 x 1,490,000 dong). Coach Nguyen Van A is called up to join the national team at National Sports Training Center in Hanoi for a training and competition period of 03 months from December 1, 2019. The actual timelength in December of 2019 during which Coach Nguyen Van A spends participating in the training is 27 days. Coach Nguyen Van A’s wage paid in December of 2019 is calculated as follows:

He is paid 5,453,400 dong as a full amount of wage per month by the Sports Center of the province T.

He also receives the daily pay rate in November 2019 of 209,746 dong/day (5,453,400 dong/26 days) which is 165,254 dong (375,000 dong - 209,746 dong) lower than the daily pay rate applied to the national coach title as prescribed in point b of clause 2 of Article 3 in the Decree No. 152/2018/ND-CP. Therefore, Coach Nguyen Van A is entitled to the compensating differential amount per the actual number of days for the concentration training and competition in December 2019 which equals 4,461,858 dong (165,254 dong x 27 days).

As Coach Nguyen Van A spends 01 day in reality for the training and competition in addition to the stated timelength of 26 days, he is entitled to receive 209,746 dong (209,746 dong x 01 day) as the compensating differential amount.

His aggregate pay of December 2019 is 10,125,004 dong (5,453,400 dong + 4,461,858 dong + 209,746 dong). In addition, Coach Nguyen Van A is paid an amount of grant stated in the example 3 in clause 3 of Article 3 herein.

2. Coaches and athletes prescribed in point b, c and d of clause 1 of Article 2 in the Decree No. 152/2018/ND-CP shall be entitled to title-based wages or grants per the actual timelength during which they participate in training or competition in accordance with clause 2, 3 and 4 of Article 3 in the Decree No. 152/2018/ND-CP.

Example 2: Athlete Tran Thi B is called up by a competent entity to join a select youth team of a province for a training and competition lasting for a period of 02 months from December 1, 2019. The actual training and competition timelength in December 2019 of athlete Tran Thi B is 26 days. Training and competition grant paid to athlete Tran Thi B in December 2019 is 1,950,000 dong (75,000 dong/day x 26 days).

3. If any coach and athlete prescribed in clause 1 and 2 of this Article spends more than 26 days as his/her concentrated training and competition timelength, in addition to wages and grants stipulated in clause 1 and 2 of this Article, he/she may be entitled to an additional grant amount for the number of excess training and competition days in the paid month. Such amount shall be equal to the pay or grant rate per day prescribed in clause 2, 3 and 4 of Article 3 in the Decree No. 152/2018/ND-CP multiplied by 200% and the actual number of days exceeding the prescribed 26-day timelength.

Example 3: If coach Nguyen Van A mentioned in the example 1 spends 27 days as the actual timelength of concentration training and competition in December 2019 (1 day in excess), coach Nguyen Van A will be entitled to an additional grant amount of 750,000 dong (375,000 dong/day x 200% x 01 day).

Article 4. Participation in social insurance, unemployment insurance, occupational accident and disease insurance

1. Coaches and athletes specified in point a of clause 1 of Article 2 in the Decree No. 152/2018/ND-CP shall continue to participate in social insurance, unemployment insurance, occupational accident and disease insurance with support from bodies supervising coaches and athletes according to clause 1 of Article 4 in the Decree No. 152/2018/ND-CP.

2. If a coach or athlete prescribed in point b and c of clause 1 of Article 2 in the Decree No. 152/2018/ND-CP is participating in compulsory social insurance, unemployment insurance, occupational accident and disease insurance under an employment contract at bodies supervising coaches and athletes, their participation in these insurance programs shall be regulated as follows:

a) Bodies supervising coaches and athletes shall continue to pay its contribution portions to entitle their coaches and athletes to social insurance, unemployment insurance, occupational accident and disease insurance under employment contracts that they have signed with coaches or athletes during the concentrated training and competition timelength as prescribed by law.

b) Bodies supervising coaches and athletes shall be responsible for informing entities using coaches and athletes of monthly contribution amounts that they pay to social insurance, unemployment insurance, occupational accident and disease insurance for coaches and athletes, and of contribution amounts that coaches and athletes have to pay on the part of coaches and athletes, in order for entities using coaches and athletes to reimburse the former for both portions of contribution amounts calculated as follows:

If the concentrated training and competition timelength in a month is 50% less than or equal to ordinary working days in that month under employment contracts, the rate of reimbursement paid by bodies using coaches and athletes shall account for 50% of total amount of contributions to social insurance, unemployment insurance, occupational accident and disease insurance in that month which is paid by bodies supervising coaches and athletes.

If the concentrated training and competition timelength in a month is 50% greater than ordinary working days in that month under employment contracts, the rate of reimbursement paid by bodies using coaches and athletes shall be equal to total amount of contributions to social insurance, unemployment insurance, occupational accident and disease insurance in that month which is paid by bodies supervising coaches and athletes.

c) Within the maximum duration of 10 working days of receipt of notices from bodies supervising coaches and athletes, bodies using coaches and athletes shall be responsible for transferring payments as contributions to social insurance, unemployment insurance, occupational accident and disease insurance on their part; withholding part of wages from coaches and athletes to reimburse bodies supervising coaches and athletes for their payment of contributions to social insurance, unemployment insurance, occupational accident and disease insurance on the insurance policyholder’s part.

d) Time limits and forms of transfer of contribution amounts paid for social insurance, unemployment insurance, occupational accident and disease insurance as prescribed in point b and c of this clause shall be negotiated between bodies supervising coaches and athletes, and bodies using coaches and athletes, to the extent that coaches and athletes are assured of insurance contribution and entitlement to insurance benefits in accordance with regulations in force.

3. If, before being called up for a training session and competition event, coaches or athletes prescribed in point b and c of clause 1 of Article 2 in the Decree No. 152/2018/ND-CP are not required to participate in mandatory social insurance, unemployment insurance, occupational accident and disease insurance, bodies using coaches and athletes shall be responsible for entering into employment contracts with them and ensuring that these coaches and athletes have access to these insurance programs in accordance with laws.

4. Athletes regulated in point d of clause 2 of Article 2 in the Decree No. 152/2018/ND-CP shall implement regulations on occupational accident and disease insurance in accordance with clause 4 of Article 4 in the Decree No. 152/2018/ND-CP.

Article 5. Allowances granted coaches and athletes in case of sickness, pregnancy, occupational accident and disease occurring during the concentrated training and competition period

1. Coaches or athletes who get sick or pregnant during the concentrated training and competition duration shall be entitled to allowances and benefits prescribed in Article 5 in the Decree No. 152/2018/ND-CP.

2. Coaches and athletes afflicted with accidents and diseases at work during the concentrated training and competition period shall be entitled to the following allowances and benefits:

a) They shall be entitled to allowances and benefits referred to in point a, b, d and dd of clause 1, 2 and 3 of Article 6 in the Decree No. 152/2018/ND-CP which are granted by bodies using coaches and athletes.

b) They shall be entitled to wages, salaries and grants specified in Article 3 in the Decree No. 152/2018/ND-CP which are paid by bodies using coaches and athletes if they have to discontinue their training or competition to receive medical treatment or recover their labor capacity function.

In case where, after the training and competition period, coaches and athletes continue to receive medical treatment or labor capacity rehabilitation therapies due to any occupational accident or disease likely to occur during the training and competition period, bodies using coaches and athletes shall remain to pay full wage and grant amounts prescribed in Article 3 in the Decree No. 152/2018/ND-CP to coaches and athletes till their stable health condition, but not longer than 6 months from the occurrence date.

Method of calculation of wages, salaries and grants paid to coaches and athletes during the medical treatment and functional rehabilitation duration shall be the same as the one used for calculation thereof during the concentrated training and competition period according to Article 3 herein.

Article 6. Entry into force

1. This Circular shall enter into force on December 23, 2019.

2. Grants, allowances or benefits prescribed herein shall be in force from December 24, 2018 (the effective date of the Decree No. 152/2018/ND-CP).

In the course of implementation of this Circular, if there is any difficulty, entities and units may send feedbacks to the Ministry of Labor, War Invalids and Social Affairs to seek its timely instructions on necessary modifications./.