Contribution Rates of Social Insurance for Juvenile Workers: Are They the Same as for Regular Workers?
Is the social insurance contribution rate for juvenile workers the same as that for regular workers?
According to Clause 1, Article 3 of the Labor Code 2019, the regulation on juvenile workers is specified as follows:
Explanation of terms
In this Code, the following terms are understood as:
1. A worker is a person who works for an employer under an agreement, is paid a salary, and is subject to the employer’s management, direction, and supervision.
The minimum working age is 15 years old, except for cases specified in Section 1, Chapter XI of this Code.
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As such, workers include juvenile workers.
Additionally, based on Article 85 of the Law on Social Insurance 2014, the contribution rate and payment method for employees participating in compulsory social insurance are regulated as follows:
Contribution rate and payment method for employees participating in compulsory social insurance
1. Employees specified at points a, b, c, d, dd, and h, Clause 1, Article 2 of this Law, shall monthly contribute 8% of their monthly salary to the retirement and survivorship fund.
Employees specified at point i, Clause 1, Article 2 of this Law, shall monthly contribute 8% statutory pay rate to the retirement and survivorship fund.
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Thus, from the above regulations, the social insurance contribution rate for juvenile workers is the same as that for regular workers, which is 8% of their monthly salary into the retirement and survivorship fund.
Is the social insurance contribution rate for juvenile workers the same as that for regular workers?
What are the principles of employing juvenile workers?
According to Article 144 of the Labor Code 2019, the principles of employing juvenile workers are specified as follows:
Principles of employing juvenile workers
1. Juvenile workers shall only perform work suitable for their health to ensure physical, mental, and personality development.
2. Employers, when employing juvenile workers, are responsible for caring for the workers in terms of labor, health, and education during their employment.
3. When employing juvenile workers, employers must have the consent of the juvenile's parents or guardian; keep a separate record with full names, dates of birth, jobs performed, results of periodic health checks, and present it upon request by competent state authorities.
4. Employers must provide opportunities for juvenile workers to pursue cultural education, vocational training, and improve their professional skills.
As such, employers must ensure the following principles when employing juvenile workers:
- Juvenile workers shall only perform work suitable for their health to ensure physical, mental, and personality development.- Employers, when employing juvenile workers, are responsible for caring for the workers in terms of labor, health, and education during their employment.- When employing juvenile workers, employers must have the consent of the juvenile's parents or guardian;- Keep a separate record with full names, dates of birth, jobs performed, results of periodic health checks, and present it upon request by competent state authorities.- Employers must provide opportunities for juvenile workers to pursue cultural education, vocational training, and improve their professional skills.
Which jobs harm the physical, mental, and personality development of juvenile workers?
Based on Clause 1, Article 9 of Circular 09/2020/TT-BLDTBXH, the list of jobs and workplaces harmful to the physical, mental, and personality development of juvenile workers is regulated as follows:
List of jobs and workplaces harmful to the physical, mental, and personality development of juvenile workers
1. Attached to this Circular is Appendix III - List of jobs harmful to the physical, mental, and personality development of juvenile workers as prescribed in point h, Clause 1, Article 147 of the Labor Code.
2. Attached to this Circular is Appendix IV - List of workplaces harmful to the physical, mental, and personality development of juvenile workers as prescribed in point dd, Clause 2, Article 147 of the Labor Code.
The jobs that harm the physical, mental, and personality development of juvenile workers are specified in Appendix III - List of jobs harmful to the physical, mental, and personality development of juvenile workers as prescribed in point h, Clause 1, Article 147 of the Labor Code 2019 and attached to Circular 09/2020/TT-BLDTBXH.
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