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

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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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