What to Do if the Company Does Not Sign a Contract or Provide Insurance?
Translation:
At the beginning of July 2020, I joined the Parkway dental clinic. To date, I have been working at this facility for 6 months. As initially agreed, the facility mentioned that after a 2-month probation period, they would sign a labor contract, and after 6 months, in accordance with the current social insurance law, they would enroll me in insurance. However, up to this point, I have not yet signed the contract nor been enrolled in insurance.I earnestly hope that the competent authorities can provide me with advice on how I can obtain my labor rights, and whether my case, as discussed initially by the clinic, complies with the law or not. I sincerely thank the authorities. Please assist me according to the new labor law as well.Pursuant to: Social Insurance Law 2014 and Labor Code 2019 (Effective from January 1, 2021), Decree 28/2020/ND-CP.
In cases where the probationary period ends and the requirements are met, both parties must enter into a labor contract. The company is responsible for paying social insurance for the employees accordingly.
According to Clauses 1 and 3c, Article 8 of Decree 28/2020/ND-CP:
In cases where no written labor contract is signed for work with a term of 3 months or more, the employer may be fined from 2 million to 25 million VND depending on the number of employees. Specific penalties are as follows:
- From 2 to 5 million VND for violations involving 01 to 10 employees;- From 5 to 10 million VND for violations involving 11 to 50 employees;- From 10 to 15 million VND for violations involving 51 to 100 employees;- From 15 to 20 million VND for violations involving 101 to 300 employees;- From 20 to 25 million VND for violations involving 301 employees or more.
Additionally, violators will also be subject to remedial actions: Required to enter into the correct type of contract with the employees.
Note: The above fines are for individuals; fines for organizations are twice the individual fines (Clause 1, Article 5 of Decree 28/2020/ND-CP).
Therefore, in the above case, you can file a first complaint to the company's director. If unresolved, you can file a second complaint to the inspectorate of the Department of Labor, War Invalids, and Social Affairs where the company is headquartered.
Yours sincerely!
