How many days off work a month do employees not have to pay compulsory social insurance in Vietnam?
What is social insurance in Vietnam and compulsory social insurance in Vietnam?
According to the provisions of Clauses 1 and 2, Article 3 of the Law on Social Insurance 2014, regulations on social insurance in Vietnam and compulsory social insurance in Vietnam are specifically as follows:
"Article 3. Interpretation of words
In this Law, the following terms are construed as follows:
1. Social insurance is a guarantee to replace or partially compensate an employee's income when his/her income is reduced or lost due to illness, maternity, occupational accident, occupational disease, or end of working age. work or die, on the basis of contributions to the social insurance fund.
2. Compulsory social insurance is a type of social insurance organized by the State that employees and employers must participate in."
How many days off work a month do employees not have to pay compulsory social insurance in Vietnam?
Who must pay social insurance premiums in Vietnam?
Pursuant to the provisions of Article 2 of the Law on Social Insurance 2014 stipulating who must participate in social insurance in Vietnam, specifically as follows:
"Article 2. Subjects of application
1. Employees being Vietnamese citizens are eligible to participate in compulsory social insurance, including:
a) Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term of from full 3 months to less than 12 months , including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;
b) Persons working under labor contracts with a term of from full 1 month to less than 3 months;
c) Cadres, civil servants and public employees;
d) National defense workers, public security workers, people doing other jobs in cipher organizations;
dd) Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People's Public Security; people doing cipher work receive salaries like military personnel;
e) Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security who have served a definite term; Military, police and cipher students who are studying are entitled to living expenses;
g) Persons going to work abroad under the contract specified in the Law on Vietnamese employees working abroad under the contract;
h) The enterprise manager, the executive manager of the cooperative enjoys salary;
i) Part-time workers in communes, wards and townships.
2. Employees who are foreign citizens working in Vietnam with a work permit or a practice certificate or a practice license issued by a competent Vietnamese agency are entitled to participate in compulsory social insurance. according to government regulations.
3. Employers participating in compulsory social insurance include state agencies, non-business units and people's armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, other social organizations; foreign agencies, organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, other organizations and individuals that hire and use labor under labor contracts.
4. Voluntary social insurance participants are Vietnamese citizens aged full 15 years or older and are not the subjects specified in Clause 1 of this Article.
5. Agencies, organizations and individuals related to social insurance.
The subjects specified in Clauses 1, 2 and 4 of this Article are hereinafter collectively referred to as employees."
How many days off work in a month without paying social insurance in Vietnam?
Clause 3, Article 85 of the Law on Social Insurance 2014 provides as follows:
"Article 85. Payment rate and mode of payment of employees participating in compulsory social insurance
...
3. Employees who do not work and do not receive wages for 14 or more working days in a month shall not pay social insurance premiums for that month. This time is not counted to enjoy social insurance, except in case of taking maternity leave."
Thus, based on the above grounds, it can be divided into cases where an employee who is absent from work for 14 days or more will not have to pay social insurance, specifically as follows:
- Employees who do not work and do not receive wages for 14 working days or more in a month shall not pay social insurance premiums for that month. This time will also not be counted to enjoy social insurance.
- Employees who take sick leave for 14 working days or more in a month in accordance with the law on social insurance are not required to pay social insurance, health insurance, accident insurance, etc. occupational accident and occupational disease insurance, but still enjoy health insurance benefits.
- If the employee takes maternity leave for 14 working days or more in a month, the unit and the employee are not required to pay social insurance, accident insurance, occupational accident and occupational disease insurance. This time is counted as the time of payment of social insurance premiums, not the time of payment of accident insurance, and the social insurance agency pays health insurance premiums for employees.
Note that in case an employee leaves work for 14 or more working days in a month and still receives a salary paid by the employer, the employee and the employer must pay social insurance, social insurance and social insurance premiums. prescribed medical insurance.
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