Guidance for employees covered by social insurance when entering into contracts with multiple employers in Vietnam

H.L (email: hoaile2503@xxx) presents: I work for the state in the medical industry (doctor) and work for a foreign company outside office hours. I have been participating in social insurance since 2008 (working in two places). When I retire, can I receive a pension from both places? If not, will the time I previously paid for social insurance be consolidated? How is the pension calculated for the consolidated period? How will the time I worked and contributed to social insurance afterward be handled?

- Lawyer Pham Thi Thuy Kieu - Law Office No. 6, Hanoi Bar Association responds:

Based on the provisions of Article 21, Labor Code 2012: “In the case of entering into employment contracts with multiple employers, the participation in social insurance and health insurance of employees shall be carried out according to the regulations of the Government of Vietnam.” Additionally, point a, clause 1, Article 4, Decree 44/2013/ND-CP detailed implementation of several articles of the Labor Code on employment contracts stipulates: “Employees entering into employment contracts with multiple employers, where both the employees and employers are subject to compulsory social insurance and unemployment insurance, the employees and employers of the first labor contract are responsible for compulsory social insurance and unemployment insurance according to the provisions of the law. Employers of the other employment contracts are responsible for paying an equivalent amount to the compulsory social insurance and unemployment insurance together with the employees' salary payments as stipulated by law.”

Furthermore, point 1.2, clause 1, Article 38 Decision 959/QD-BHXH also states: “Employees simultaneously entering into two or more employment contracts with different entities shall pay social insurance and unemployment insurance according to the first labor contract, and health insurance according to the labor contract with the highest salary.” Thus, according to the above provisions, you enter into employment contracts with multiple employers but can only participate in social insurance and unemployment insurance at the first company where you entered into the first labor contract, and you are not allowed to pay social insurance simultaneously at multiple companies. health insurance will be participated in at the company with the highest salary. Additionally, the remaining company is responsible for paying an equivalent insurance amount at the same time as the salary payment period.

The period of social insurance participation will be counted as the time participating in social insurance with the unit that first entered into the contract. You need to contact the social insurance agency to consolidate the two insurance books into one and pay social insurance according to the first unit that entered into the labor contract.

According to Lao Dong Newspaper

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