Working for 2 months, not being paid social insurance, is the company breaking the law?

Wed, 20 Oct 2021 12:26:00  |  Print  |  Email   Share:

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:

Clause 1, Article 2 of the Law on Social Insurance 2014 stipulates that employees being Vietnamese citizens are eligible to participate in compulsory social insurance as follows:

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.

Legal advice

Please call the free hotline for legal advice 19008088 - or call the hotline: 0979310518; 0961360559 to get a quick, timely answer or email us: tuvanphapluat@laodong.com.vn or go to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, Ward 6, District 3, HCMC for Lawyers consult directly on Tuesdays and Fridays every week.

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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