Is it mandatory to pay social insurance on probation in Vietnam? Can I get sick leave on probation in Vietnam?

Is it mandatory to pay social insurance on probation in Vietnam?

I have just graduated from school and am currently on probation. I wonder if I will be able to pay compulsory social insurance when I try my job?

Reply:

According to Article 24 of the 2019 Labor Code, this content is regulated as follows:

1. An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

2. The probation contract must include the probation period and the contents specified in Points a, b, c, dd, g and h Clause 1 Article 21 of this Code.

3. Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.

On the other hand: According to Clause 1, Article 2 of the 2014 Law on Social Insurance:

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

Thus, the content of the labor contract can incorporate a probationary period, but during the probationary period, social insurance will not be required. At that time, the company will pay the employee an additional amount corresponding to the amount of social insurance contributions in Vietnam.

Is it mandatory to pay social insurance on probation in Vietnam? Can I get sick leave on probation in Vietnam? (Image from the Internet)

Can I get sick leave on probation in Vietnam?

Regarding the regulations on sick leave, I would like to ask whether if I quit my job, I will be entitled to this benefit? Because during this time, I have only been on probation for nearly 2 months.

Reply:

In Article 24 of the 2014 Law on Social Insurance, there are regulations on coverage of the sickness benefits as follows:

The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

And in Clause 1, Article 2 of the 2014 Law on Social Insurance, it is stipulated:

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

c/ Cadres, civil servants and public employees;

d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;

dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

e/ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

g/ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;

h/ Salaried managers of enterprises and cooperatives;

i/ Part-time staffs in communes, wards and townships.

Thus, probationers are not required to participate in compulsory social insurance. In case probationary workers do not participate in mandatory social insurance, they will not be eligible for leave to enjoy sickness benefits in Vietnam. If the employee is still participating in mandatory social insurance during the probationary period, he or she will be eligible to take leave and enjoy sickness benefits.

While on probation, can I take maternity leave to take care of my wife in Vietnam?

I'm on probation so I haven't paid social insurance yet, but my wife just gave birth, can I take 5 days off from work to take care of my wife? Thank you.

Reply:

According to Clause 2, Article 34 of the 2014 Law on Social Insurance, male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

a/ 5 working days;

b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

According to the above regulations in Vietnam, male employees must be paying social insurance to be entitled to maternity leave when their wife gives birth.

However, according to the information he provided, he is currently on probation so he has not yet paid social insurance, so in his case he is not entitled to take maternity leave when his wife gives birth in Vietnam.

Best regards!