04 CASES WHEN IT IS NOT REQUIRED TO PARTICIPATE IN 2021 social insurance

04 CASES WHEN IT IS NOT REQUIRED TO PARTICIPATE IN 2021 social insurance

1. Employees are not required to participate in compulsory social insurance

According to Article 2 of the Law on Social Insurance 2014, Employees who do not belong to the following groups of subjects are not required to participate in compulsory social insurance:

– People working under an indefinite-term labor contract, a definite-term labor contract, a seasonal labor contract or a certain job with a term of 3 months to less than 12 months, including labor contracts signed between the employer and the employer. Legal representative of a person under 15 years old according to the provisions of labor law.

Note: From January 1, 2021, the 2019 Labor Code takes effect and will no longer have seasonal labor contracts. At the same time, employees only carry out two types of contracts: fixed-term contracts and indefinite-term contracts. Therefore, from 2021, there will only be the following subjects:

+ People working under indefinite-term labor contracts or fixed-term labor contracts.

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+ The labor contract is signed between the employer and the legal representative of the person under 15 years old according to the provisions of labor law.

– People working under labor contracts with a term from 01 full month to less than 03 months.

- Officials and civil servants.

– Defense workers, police workers, and other workers in cipher organizations.

– Officers, professional soldiers of the People's Army, officers, professional non-commissioned officers, officers, non-commissioned officers, non-commissioned officers, people's police soldiers serving for a limited time...

– People who go to work abroad under contracts specified in the Law on Vietnamese Labor go to work abroad under contracts.

– Business managers and cooperative managers receive a salary.

– People who work part-time in communes, wards and towns.

– Employees who are foreign citizens working in Vietnam with a work permit or practice certificate or practice license issued by a competent Vietnamese agency are eligible to participate in compulsory social insurance.

2. Employees do not work and do not receive salary for 14 days or more in a month

In Clauses 4, 5, 6, Article 42, Decision 595/QD-BHXH stipulates as follows:

– Employees who do not work and receive salary for 14 working days or more in a month will not pay social insurance that month. This time is not counted for social insurance benefits.

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– Employees who take sick leave for 14 working days or more in a month do not have to pay social insurance, health insurance, unemployment insurance... but still enjoy health insurance benefits.

– Employees who take maternity leave for 14 working days or more in a month do not have to pay social insurance. However, this time is still counted as the time to participate in social insurance because the social insurance agency pays health insurance for employees.

3. Retirement beneficiaries, people receiving disability benefits

Pursuant to Clause 4, Article 4 of Decision 595/QD-BHXH and Clause 2, Article 149 of the 2019 Labor Code, the following subjects are not required to pay compulsory social insurance:

– People receiving monthly pension do not have to pay compulsory social insurance. However, if this person joins the new labor contract, he or she will receive salary and other benefits.

– Commune, ward and town officials are receiving monthly benefits.

– People receiving monthly disability benefits

– Military personnel, People's Police, and people working in cipher work are receiving monthly benefits

4. People who are on probation

Pursuant to Article 24 of the 2019 Labor Code, from January 1, 2021, probationers can sign a Labor Contract or Probation Contract. Besides, according to Clause 2 of this Article, participation in the probationary contract is not required.

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The above are cases where you do not have to participate in compulsory social insurance. If you have any questions about other social insurance regimes, please contact 1900 6192 for support.

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