(Chinhphu.vn) - The types of jobs that are stable and long-term are not allowed to sign fixed contracts but must sign labor contracts. Mr. Dang Thanh Lien's Company (in Ninh Thuan Province) specializes in exploiting and transporting construction materials for projects. Due to specific characteristics, drivers of the Company often do not operate all months but mainly concentrate for a period of the month, such as contract delivery. Mr. Lien would like to ask, in this case, does the company not sign a labor contract but can it be signed at the end of the month, and do these drivers have to participate in social insurance?
Regarding this issue, the Department of Labor - Invalids and Social Affairs of Ninh Thuan Province responds as follows:
Pursuant to Clause 1, Article 2 of the Law on Social Insurance 2014: "Employees who are Vietnamese citizens are subject to compulsory social insurance, including:
a/ Persons working under indefinite-term labour contracts, definite-term labour contracts, seasonal labour contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labour contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labour law;
b/ Persons working under labour contracts with a term of between full 1 month and under 3 months;…”.
Thus, employees working under labor contracts stipulated in Item 1, Article 2 of the Law on Social Insurance 2014 mentioned above are subject to compulsory social insurance.
Regarding labor contracts, based on Article 15 of the 2012 Labor Code: "Labor contract is an agreement between employees and employers on paid employment, working conditions, rights and obligations. case of each party in labor relations ”.
Concept of fixed contract: It is an agreement of the two parties whereby the contracting party is obliged to complete a certain job at the request of the contracting party and after completion, it must hand over to the contracting party of results of that work. The contracting party shall receive the work results and shall have to pay the contracted party the agreed remuneration.
Based on the nature of the work, the types of seasonal work, only take place in a certain time, consider and apply Point c, Clause 1, Article 22 of the 2012 Labor Code.
Those types of jobs that are a stable and long-term nature are not allowed to sign fixed contracts but must sign labor contracts.
Note that not enter into to labor contracts on a seasonal basis or follow a certain job for a period of less than 12 months to do regular jobs for 12 months or more.
In the case of Mr. Dang Thanh Lien's company, it is necessary to consider the nature of the work to sign a suitable contract, avoid the occurrence of contract signing in contravention of regulations, leading to administrative sanctions.