In case the employee signs a contractual contract (which is a service contract, not a labor contract), he / she is not required to pay social insurance. However, it is necessary to consider the nature of the work to sign the appropriate contract, to avoid the case of signing the contract with the wrong provisions leading to administrative sanctions.

The ICHIP Media and Technology Joint Stock Company (in Hanoi City) offers to answer the following questions:

The employee signs a long-term contract for more than 1 month, if he works in shifts 4-8 hours / day, in the month 20-26 working days, how does the company pay social insurance for the employee?

Employees must have enough working time 8 hours x 14 days will be paid social insurance, but if they work less than 112 working hours in a month, they are not allowed to pay social insurance premium, is it correct to report the reduction of social insurance of that month?

For the case of working part-time for less than 3 months, in signed contract 2017 but the employee quit work and in 2018 applied for a part-time job, the 2018 seasonal labor contract under 1 month may sign a labor contract. Up to 2018, this employee can sign a seasonal contract 2 times, is it correct? If the employee works for more than one consecutive month, he / she will declare an increase in social insurance for the employee.

Regarding this issue, The Hanoi Social Insurance Agency answers as follows:

In case the employee signs on a contractual contract with a working time longer than 1 month: Under Clause 1, Article 2 of the 2014 Law on Social Insurance, the subject is the employee whose labor contract is subject to payment. Thus, in the case of a contract (which is a service contract, not a labor contract), it is not required to pay the social insurance premium under Article 2 above.

However, it is necessary to consider the nature of the work to sign the appropriate contract, to avoid the case of signing the contract with the wrong provisions leading to administrative sanctions.

Regarding wages in labor contracts, comply with the provisions of Article 21 of Decree 05/2015 / ND-CP, Article 30 of Circular 59/2015, the Ministry of Labor, War Invalids and Social Affairs (regulations on monthly wages, salary allowance, additional salary, mid-shift salary).

Regulations on working days and hours are based on Clause 2, Article 104, Article 110 of the Labor Code2012.

In case of working part-time for less than 3 months:  We recommend to comply with Clause 2, Article 22 of the 2012 Labor Code; Article 25 of Decree 05/2015 / ND-CP of the Government.