Types of Labor Contracts Subject to Compulsory Social Insurance Contributions

Tuyet Hoan

09:28, 11/07/2024

The type of labor contract that must participate in social insurance is an issue that both HR personnel and employees need to understand to manage work well and protect their rights. Therefore, in the following article, Thu Ky Luat will cover all types of labor and working contracts that are required to participate in social insurance.

The specific categories are as follows:

Indefinite-term Labor Contract;
Fixed-term Labor Contract;
Seasonal or specific job-based Labor Contract with a term from 03 months to less than 12 months;
Labor Contract with a term from 01 month to less than 03 months (effective from January 01, 2018);

Note: Typically, during the probationary period, the employer often signs a Probationary Contract (maximum term of 02 months) with the employee. However, a Probationary Contract is not considered a Labor Contract and therefore is not subject to compulsory social insurance participation;

Working Contract of public employees;
Contract for sending employees to work abroad with service-providing enterprises permitted to send employees to work abroad, or public service organizations allowed to send employees to work abroad;
Contract for sending employees to work abroad with enterprises that won bids, accepted bids, or organizations, and individuals investing abroad that involve sending employees to work abroad;
Contract for sending employees to work abroad for the purpose of enhancing job skills training with enterprises that send employees to work abroad for such training.

The above content is based on the Law on Social Insurance 2014 and Decision 595/QD-BHXH.

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- The legal regulations in this article are according to Vietnamese Law;
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