Persons working under labor contracts with a term of 01 month or more are required to participate in compulsory social insurance.
Legal grounds:
- Law on Social Insurance 2014.
We get the following questions:
Since the covid epidemic from 2020 until now, my company has let some employees work from home online for more than 02 years, the purpose is to reduce wages. But there are some problems with paying social insurance. I want to ask if I work online full time, can I join social insurance? Does the company have to pay social insurance for employees?
In principle, enterprises and employees have the right to agree on where to work, as well as how to perform work. Therefore, the two parties can agree to work online or directly at the headquarters of the enterprise.
Pursuant to Points a and b, Clause 1, Article 2 of the Law on Social Insurance 2014 on subjects participating in compulsory social insurance are as follows:
Article 2. Subjects of application
- Employees being Vietnamese citizens are subject to compulsory social insurance, including:
- Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term from full 03 months to less than 12 months, counting the whole labor contract signed between the employer and the legal representative of the person under 15 years of age in accordance with the labor law;
- Persons working under labor contracts with a term of from full 01 month to less than 03 months;
According to the above provisions:
- Participation in compulsory social insurance does not depend on how the work is done (in working place or online), nor does it depend on the location of the work.
- Persons working under labor contracts with a term of full 01 month or more are subjects to participate in compulsory social insurance.
