Vietnam: Is the level of payment by minor employees covered by compulsory social insurance equal to the level of payment by normal employees?
- Vietnam: Is the level of payment by minor employees covered by compulsory social insurance equal to the level of payment by normal employees?
- What are the rules for employment of minor employees in Vietnam?
- Which works causing harm to physical, intelligence and personality development of minor employees in Vietnam?
Vietnam: Is the level of payment by minor employees covered by compulsory social insurance equal to the level of payment by normal employees?
First, according to Clause 1, Article 3 of the Labor Code 2019, there are regulations regarding minor employees as follows:
Definitions
For the purposes of this document, the terms below shall be construed as follows:
1. “employee” means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.
The legal working age is 15, except for the cases specified in Section 1 Chapter XI of this Labor Code.
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Accordingly, it can be understood that employees include minor employees.
At the same time, based on Article 85 of the Law on Social Insurance 2014, regulations on levels and methods of payment by employees covered by compulsory social insurance are specifically as follows:
Levels and methods of payment by employees covered by compulsory social insurance
1. Employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law shall monthly pay 8% of their monthly salary to the retirement and survivorship allowance fund.
Employees defined at Point i, Clause 1, Article 2 of this Law shall monthly pay an amount equal to 8% of the statutory pay rate to the retirement and survivorship allowance fund.
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Thus, from the above regulations, the levels of payment by minor employees covered by compulsory social insurance will be equal to the levels of payment by normal employees, which is 8% of their monthly salary to the retirement and survivorship allowance fund.
Vietnam: Is the level of payment by minor employees covered by compulsory social insurance equal to the level of payment by normal employees?
What are the rules for employment of minor employees in Vietnam?
According to Article 144 of the Labor Code 2019, the rules for employment of minor employees are as follows:
Rules for employment of minors
1. Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.
2. The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.
3. When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.
4. Employers shall enable minor employees to have educational and vocational training.
Thus, employers must ensure the following principles when employing minor employees:
- Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.
- The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.
- When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.
- Employers shall enable minor employees to have educational and vocational training.
Which works causing harm to physical, intelligence and personality development of minor employees in Vietnam?
Pursuant to Clause 1, Article 9, Circular 09/2020/TT-BLDTBXH stipulates the lists of works and workplaces causing harm to physical, intelligence and personality development of minors as follows:
Lists of works and workplaces causing harm to physical, intelligence and personality development of minors
1. Promulgated together with this Circular is Appendix III - List of works causing harm to physical, intelligence and personality development of minors according to regulations in Point h Clause 1 Article 147 of the Labor Code.
2. Promulgated together with this Circular is Appendix IV - List of workplaces causing harm to physical, intelligence and personality development of minors according to regulations in Point dd Clause 2 Article 147 of the Labor Code.
Accordingly, works causing harm to physical, intelligence and personality development of minor employees are specified in Appendix III - List of works causing harm to physical, intelligence and personality development of minors according to regulations in Point h Clause 1 Article 147 of the Labor Code issued with Circular 09/2020/TT-BLDTBXH.
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