Do pensioners who continue to sign labor contracts have to pay compulsory social insurance?
(Baonghean.vn) - Question: My mother retired 5 years earlier than the prescribed age. Currently, my mother has signed a 36-month labor contract with the Company. I would like to ask: If an employee is receiving a pension but continues to sign a labor contract, does he/she have to pay compulsory social insurance? If the employee does not have to pay, will the employee be entitled to the social insurance amount - the part that must be paid - from the employer?
Reply:
- According to Clause 9, Article 123, Law on Social Insurance 2014 stipulates:
Pensioners, social insurance beneficiaries, and monthly beneficiaries who are currently under labor contracts are not subject to compulsory social insurance.
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| Nghe An Social Insurance cooperates with the provincial Post Office to deploy pension distribution points for people. Photo: Diep Thanh |
Thus, pensioners who are currently under labor contracts do not have to participate in compulsory social insurance.
- Pursuant to the provisions of Clause 3, Article 168, Labor Code 2019: For employees who are not subject to compulsory social insurance, health insurance, unemployment insurance, the employer is responsible for paying an additional amount at the same time as the salary payment period to the employee equivalent to the amount the employer pays for compulsory social insurance, health insurance, unemployment insurance for the employee according to the provisions of the law on social insurance, health insurance, unemployment insurance.
Thus, workers whenretiredcan enter into a fixed-term contract and will not have to pay compulsory social insurance, and will be paid an amount equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for the employee.
