Question: I want to ask, if the company had signed employment contract of 2 years with workers who are receiving pensions, does the company oblidge to pay the insurance expense for these workers?
Advise from the ACDC Department of Legislation:
According to the regulation at Article 1, Point 2, Social Insurance Law 2014, there are regulations on mandatory social insurance as follows:
“1. Workers are Vietnamese citizen belong to the category of mandatory social insurance participants, including as follow:
a) Workers who work under an indefinite-term employment contract, definite-term employment contract, seasonal employment contract or a specific job with a duration from at least 3 months to below 12 months, including employment contract signed between employers and the legal representative of individuals under 15 years old according to the labor law…”
According to Article 9, Point 123, Social Insurance Law 2014 on transitional regulations as follows:
“9. People who reveive pensions, social insurance support or monthly allowances but are currently entering into employment contracts do not fall into the category of manfatory social insurance participants”.
Following that, workers entering into the 2-year employment contract are into the category of mandatory social insurance participants. However, labors who are receiving pensions do not belong to the mandatory social participants’ group. Thus, when signing a 2-year employment contract with workers who had already received pensions, the company is not bound to pay for their social insurance expense.
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