Ms. Tran Minh Thu's company (in Hochiminh City) has a case of 1 female employee working at the Company from January 29, 2019 up to now, but the Company has not reported an increase in labor because of this employee still wants to enjoy unemployment benefits and does not want to sign a labor contract. Ms. Thu would like to request the social insurance agency to guide and resolve this case. Regarding this issue, The Ho Chi Minh City Social Insurance Agency answers as follows: Clause 1, Article 2 of the Law on Social Insurance 2014 stipulates that the subjects who pay compulsory social insurance include:
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; c/ Cadres, civil servants and public employees; d/ Defense workers, public security workers and persons doing other jobs in cipher agencies; e/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical noncommissioned officers of the people's public security; and persons engaged in cipher work enjoying salaries like army men; g/ Non-commissioned officers and soldiers of the people’s army; noncommissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
g/ Vietnamese workers working abroad under the labour contracts defined in the Law on Vietnamese Workers working abroad under the labour contract;
h/ Salaried managers of enterprises and cooperatives;
i/ Part-time staffs in communes, wards and townships.
Comparing the above provisions, the employees with a labor contract from 1 month or more are subject to compulsory social insurance.
The case of the employee after the probationary period and continuing to work without signing the labor contract is a violation of the provisions of the Labor Law.
On the other hand, in case the employee has finished enjoying unemployment allowance before retrospective payment of social insurance premium, he/she still has to have his unemployment benefit revoked because he/she falls into the case of termination of enjoying unemployment allowance as prescribed at Point b, Clause 1, Article 28. Decree No. 28/2015 / ND-CP.