The issue of pension for former private substitute teachers has been long across the year, with a large number of people and a strong policy. It has not been fully and satisfactorily solved for many years, and has become a historical legacy. "The elderly have a care and the sick have a medical treatment" is what the former private teachers are looking forward to day and night. However, only a few places have included the pension of aboriginal teacher in the scope of social security.
At present, most provinces (cities, districts) formulate and implement pension subsidies, because pension subsidies are paid according to the standards of teaching experience allowances. The teaching experience allowance is still implemented in the 1986 base. Former private teachers over 60 years old can only receive 8 yuan, 10 yuan, or 20 yuan per year of teaching experience per month. Even if they have 20 years of teaching experience, according to the highest subsidy standard, it will only be 400 yuan per month. This is far lower than the minimum living security level in various places.
As a former private substitute teacher who has been poor all his life and has no skills, the elderly care life is quite difficult. Most of the former private substitute teachers have entered the old age stage, and time is too late, and they urgently need to solve their worries about pension. It is only a stopgap to pay and apply for social security for them.
In fact, the former private teachers were private teachers, and the original substitute teachers also had the "shadow" of private teachers, which was just a transformation of title. There are legal and policy basis for inclusion of original private and substitute teachers in social security.
" Constitution of the People's Republic of China ", the country respects and protects human rights . Human rights include the right to education, social security rights, and other , social security rights, is the basic pension security and medical security for citizens. Respect and protecting human rights have been successively written into the decisions and documents of the Third, Fourth, Fifth and Sixth Plenary Sessions of the 16th Central Committee of the Communist Party of China, and emphasized that "the enjoyment of human rights requires effective mechanism guarantees."
" Social Insurance Law of the People's Republic of China ", Chapter 2 Article 13 "State-owned enterprises and public institutions employees are deemed to be paid for the payment period before participating in pension insurance, and the basic pension insurance premiums that should be paid shall be borne by the government. When the basic pension insurance fund is insufficient, the government will provide subsidies." The former private substitute teacher was once a "worker" in the education department of a public institution, and the time of teaching should be deemed as the payment period.
" Labor Law of the People's Republic of China ". Article 37 stipulates that workers shall enjoy social insurance benefits in accordance with the law under the following circumstances: retirement ; illness; unemployed ; work-related disability or occupational disease; childbirth. Although former private substitute teachers are non-staff teaching staff, they teach in public schools and are also members of public institutions, and should be included in the social security system.
The Ministry of Education, the Ministry of Human Resources and Social Security, the Ministry of Finance, and the Central Organization Department of "Guiding Opinions on Properly Solving the Issues of Substitute Teachers in Primary and Secondary Schools" [Teaching People [2011 (No. 8)] Paragraph 2 Article 8:
Properly Solve the Legacy of Private Teachers, and we must conscientiously implement the spirit of the "Notice of the General Office of the State Council on Solving the Issues of Private Teachers" (Guobanfa [1997] No. 32), and in accordance with the relevant provisions of the social security policy , combined with local actual conditions, the dismissed original private teachers will be included in the corresponding basic pension insurance and basic medical insurance, and the State Council [1997] If a private teacher who was fired from Document No. 32 fails to provide a subsidy as required at the time, the local government should implement it and take practical measures for the elderly, sick and disabled private teachers who leave their posts and retire to ensure their lives. Local governments are the responsible entities for solving the problem of substitute teachers.
The issue of original private substitute teachers is a very complex, highly correlated and highly policy-oriented systematic project. " is the responsible person for solving the problem ", and their problems still depend on the local government. According to the feedback from netizens and the information that can be found online, Hubei Province, Sichuan Province, Chengdu City and some cities and counties in Guangxi have repaid and reissue social insurance for indigenous teachers; Zhejiang has applied for social insurance for indigenous teachers with urban household registration in about 2013 years. Since there are legal and policy basis and there is a precedent for reissue social security, it is reasonable, legal and reasonable to pay for reissue social security for original private and substitute teachers. In 2022, we still look forward to the timely implementation of this policy.
