Does Hanoi Social Security guide the implementation of the payment rates of social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance applied from July 1, 2022?
Guidance on how to apply the regional minimum wage?
According to Section I of Official Letter 2588/BHXH-QLT 2022, Hanoi Social Security announces the salary level as the basis for payment of social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance from July 1, 2022 as follows:
- Pursuant to the Labor Code of 2019;
- Decree No. 38/2022/ND-CP dated June 12, 2022 of the Government stipulating the minimum wage for employees working under labor contracts;
- Official Letter No. 2086/BLDTBXH-TLDLLLDVN dated June 17, 2022 of the Ministry of Labor, Invalids and Social Affairs - Vietnam General Confederation of Labor on directing the implementation of Decree No. 38/2022/ND-CP on minimum wage.
- Hanoi City Social Insurance shall guide the implementation of social insurance premiums (social insurance), health insurance (health insurance), unemployment insurance (UI), occupational accident and occupational disease insurance. Occupational accident and occupational disease) applied from July 1, 2022 as follows:
- Minimum wage:
+ Region I: 4,680,000 VND/month;
+ Region II: VND 4,160,000/month;
+ Region III: 3,640,000 VND/month;
+ Region IV: 3,250,000 VND/month;
- Minimum wage is the lowest salary paid to employees who do the simplest jobs in normal working conditions in order to ensure a minimum standard of living for workers and their families, in accordance with working conditions. socio-economic development (Regional minimum wage does not include salary allowances and additional salaries as prescribed).
- The employer operating in an area in any region shall apply the prescribed minimum wage rate for that area;
+ Units and branches operating in different areas with different minimum wages will apply the prescribed minimum wage for that area;
+ Units operating in industrial parks and export processing zones located in different areas with different minimum wages shall apply according to the areas with the highest minimum wage
Does Hanoi Social Security guide the implementation of the payment rates of social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance applied from July 1, 2022? (Image from the internet)
Guidance on responsibility of employers How to apply the regional minimum wage?
According to Section II of Official Dispatch 2588/BHXH-QLT 2022, Hanoi Social Security provides guidance on the salary level as the basis for payment of social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance from July 1, 2022 as follows:
- Review the agreements in the labor contract, the collective labor agreement and the employer's regulations and regulations to adjust and supplement accordingly.
+ Not to remove or reduce salary regimes when employees work overtime, work at night, compensation in kind and other regimes as prescribed by labor law.
+ For the contents agreed, committed in the contract, labor agreement or other lawful agreements that are more favorable to the employee than the provisions of Decree No. 38/2022/ND-CP, continue to be implemented, including the salary regime paid to employees who perform jobs or titles through vocational training or vocational training that is at least 7% higher than the minimum wage, the implementation shall continue, except otherwise agreed upon by the two parties in accordance with the labor law.
+ Adjust the salary paid for social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance according to regulations before July 25, 2022. Past the above time limit, for cases where the unit has not yet requested to adjust the salary according to the regional minimum wage, the social insurance agency will temporarily adjust the salary paid for social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance by equal to the new regional minimum wage rate for employees who do the simplest jobs until the unit prepares an adjustment file according to regulations.
- Hanoi City Social Insurance recommends that employers seriously implement the above contents to ensure employees' interests.
How is the application of the area regulated?
According to Clause 3, Article 3 of Decree No. 38/2022/ND-CP stipulating that the application of the geographical area is determined according to the place of operation of the employer as follows:
"Article 3. Minimum wage
...
3. The application of a regional area is determined according to the place of operation of the employer as follows:
a) Employers operating in an area within a region shall apply the prescribed minimum wage rate for that area.
b) If the employer has units or branches operating in different areas with different minimum wages, in which area the unit or branch operates, the minimum wage rate prescribed for the locality shall apply. that table.
c) Employers operating in industrial parks or export processing zones located in geographical areas with different minimum wages shall apply according to the areas with the highest minimum wages.
d) Employers operating in an area where there is a name change or separation, temporarily apply the prescribed minimum wage for the area before the name change or separation until the Government has regulations. new determination.
dd) Employers operating in a newly established area from one area or many areas with different minimum wages shall apply the minimum wage according to the area with the highest minimum wage.
e) Employers operating in an area that is a city directly under a province and newly established from an area or more than one area in Region IV shall apply the prescribed minimum wage for the area of the city directly under the province. remaining provinces in Clause 3 of the Appendix to this Decree."
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