Workers who work part-time are a large number, but most of them do not know how their rights to participate in social insurance are regulated by law.
Regarding this matter, according to Article 34 of the Labor Code 2012, part-time employees are entitled to wages, rights, and obligations similar to those of full-time employees.
Additionally, Points a and b, Clause 1, Article 2 of the Social Insurance Law 2014 stipulate that employees working under labor contracts with a term from 1 month to less than 3 months, indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or labor contracts for specific jobs with a term from 3 months to less than 12 months are required to participate in social insurance (SI).
However, based on Clause 2, Article 6 of the Decision 595/QD-BHXH in 2017, the amount of monthly salary for mandatory SI contributions must not be lower than the regional minimum wage at the time of such contributions for employees performing the simplest jobs or positions under normal working conditions.
Based on the above-mentioned grounds, part-time employees are required to participate in SI when they meet the following two conditions:
- They fall under the category of mandatory SI participants according to Points a and b, Clause 1, Article 2 of the Social Insurance Law 2014.- The monthly salary calculated for SI contributions must be equal to or higher than the regional minimum wage.
Note that part-time employees who do not work and do not receive wages for 14 or more working days in a month are not required to make SI contributions for that month (based on Clause 3, Article 85 of the Social Insurance Law 2014).
Article 3 of the Decree 141/2017/ND-CP prescribes the current regional minimum wage levels as follows: a) VND 3,980,000/month, applicable to enterprises operating in Region I. b) VND 3,530,000/month, applicable to enterprises operating in Region II. c) VND 3,090,000/month, applicable to enterprises operating in Region III. d) VND 2,760,000/month, applicable to enterprises operating in Region IV. |
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