Employment - Salary laws In Vietnam

Pháp luật Are social insurance premiums included in salary during probation period? What are the regulations on participation in social insurance, health insurance, unemployment insurance? 15:08 08/05/2022
According to the provisions of Clause 4 Article 42 of Decision 595/QD-BHXH; Clause 1 Article 3 of the Labor Code 2012, based on the above provisions, we have a few unclear points, we hope you will answer: 1. For the month that employees work with both the probationary period and the official period (working period according to the employment contract), is it legal if the company conducts the following acts? a. If in a month the employee has a total number of probationary days >= 14 days (working days), in that month the employee is not allowed to participate in social insurance b. If in the month the employee has a total number of probationary days <14 days (working days): If the total number of probationary days + number of unpaid leave days after the probation period (during the performance of the employment contract) >=14 days (working days), the employee will not participate in social insurance that month. If the total number of probationary days + the number of unpaid leave days after the probationary period (during the performance of the labor contract) <14 days (working days), that month the employee will be entitled to participate in social insurance. 2. The company does not have to pay extra at the same time as the employee's salary payment period an amount equivalent to the payment of social insurance, compulsory health insurance, unemployment insurance of the month with both the probationary period and the official period (working under labor contract) for the above 2 cases. Because employees are not subject to compulsory social insurance, compulsory health insurance, unemployment insurance, in addition to paying wages according to the job, an additional amount at the same time as the employee's salary period, an amount equivalent to the payment of social insurance, compulsory health insurance, unemployment insurance and annual leave as prescribed. However, a person who is full 15 years old or older, has the ability to work, works under an employment contract, is paid a salary and is subject to the management and administration of the employer will be identified as an employee. The employment contract here must be concluded under an indefinite term labor contract; the employment contract with definite term; Seasonal employment contracts or specific jobs with a term of less than 12 months. The person working under the probation contract has not been identified as an employee, so in addition to the agreed salary, the probationer will not receive an additional amount equivalent to the payment of compulsory social insurance, compulsory health insurance, unemployment insurance and annual leave as prescribed. Is it lawful if we do that?
Pháp luật According to Vietnamese laws, is it possible to apply for unemployment benefits without the insurance book? 15:08 08/05/2022
The decision to quit takes effect from 2/8/2021, but the company announced that it only provides the closing insurance book until the end of October, is it a violation of Vietnamese laws? I will not have enough time to apply for unemployment benefits after more than 16 years at the company. So according to Vietnamese laws, if you do not pay the insurance book, can you apply for unemployment benefits? Thanks!
Pháp luật Can I apply for re-issuance of a discharge note when I lose it? What are the penalties for the employee who buys a discharge note to enjoy sickness benefits? 15:08 08/05/2022
According to the information that I know, the application for sickness benefits will have to include a discharge note. However, after I was discharged from the hospital, I lost my discharge note, can I apply for re-issuance of it? In case I cannot apply for a new one, if I buy a discharge note from outside to enjoy sick benefits, will I be penalized? Hope you can help me with this problem.
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