Name of recommendations: A Recommendation that the contract is equal, but the law stipulates the liability of the employer that is too heavy, while the responsibility of the employee is almost none

Status: Has not been responded

Recommended by units: The Vietnam Association of Seafood Exporters and Producers (VASEP)

Official letter: No 0139A/PTM - VP, dated: 2018-01-23

Recommended contents:

In many cases, employees request not signing the contract and not paying social insurance because they do not have any needs and do not want to lose a monthly payment for social insurance: but the law only punish & collect arrears from the employer, without any regulations on the definition of employees’ responsibility for this behavior.

Small and medium sized seafood businesses: employees are underthe 3 months seasonal contract are many (usually 30% -> 50% are seasonal workers, many kinds of seafood are harvested seasonally, workers are countryside children. At present, employees do not have to pay social insurance. However, according to the new social insurance law, the employee has a term of 1 month to less than 3 months who also has to pay social insurance ... -> causing great difficulties for enterprises in the fisheries sector to sign the contract and pay social insurance for this object.

A recommendation: The Government please considers that if employees do not have any needs, the labor contracts with a term of one month less than three months will not be required to pay social insurance.