Working for 2 months, not being paid social insurance, is the company breaking the law?
A reader with the email minhanhx@xx sent an email to the Lao Dong Newspaper’s Legal Consulting Office to ask: I signed a 1-year definite-term labor contract with the company. Up to now, I have worked for 2 months and the company still has not paid social insurance for me. Does the company violate the provisions of labor law?
Lawyer Dang Thi Nu, YouMe Law Firm replied:
1. Employees being Vietnamese citizens are eligible to participate in compulsory social insurance, including:
a) Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or contracts for certain jobs with a term of between full 3 months and under 12 months, including labor contracts signed between employers and at-law representatives of persons under the age of 15 following the labor law;
b) Persons working under labor contracts with a term of between full 1 month and under 3 months;
c) Cadres, civil servants, and public employees;
d) Defense workers, public security workers, people doing other jobs in cipher organizations;
dd) Officers and professional soldiers of the people's army; officers and professional non-commissioned officers, officers and technical non-commissioned officers of the people's public security; and people engaged in cipher work and enjoying salaries like army men;
e) Non-commissioned officers and soldiers of the people's army; non-commissioned officers and soldiers on definite-term service in the people's public security; army, public security, and cipher students who are entitled to cost-of-living allowance;
g) Persons going to work abroad under the contract specified in the Law on Vietnamese Guest Workers;
h) Salaried managers and executive managers of enterprises and cooperatives;
i) Part-time staff in communes, wards, and townships.
Thus, according to the above provisions, you are subjected to compulsory social insurance. The fact that the company has signed a labor contract but does not pay social insurance premiums for you is a violation of the labor law.
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The category is made with the support of YouMe Law Firm.
By: Online Dang Nu (Labor Newspaper)/ Translator: Viet Nguyen-Bizic
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