Agreement not to participate in compulsory social insurance, what is the employee's responsibility?

(Le Van Hau, Chau Thai commune, Quy Hop)

Reply:

1. BasisInsurance LawAccording to the 2014 Social Insurance Law and Decree 143/2018, subjects required to participate in compulsory social insurance include employees; including employees who are Vietnamese citizens and employees who are foreigners and employers.

Specifically: Vietnamese employees are subject to compulsory social insurance, including:

- People working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts or labor contracts for a specific job with a term from 3 months to less than 12 months, including labor contracts signed between the employer and the legal representative of a person under 15 years old according to the provisions of labor law;

- Employees working under labor contracts with a term from 1 month to less than 3 months;

- Cadres, civil servants, public employees;

- Defense workers, police workers, people working in other key organizations;

- Officers and professional soldiers of the people's army; professional officers and non-commissioned officers; officers and technical non-commissioned officers of the people's police; people working in cryptography receiving salaries as soldiers;

- Non-commissioned officers and soldiers of the people's army; non-commissioned officers and soldiers of the people's police serving for a limited period of time; military, police and cryptographic students currently studying are entitled to living expenses;

- People working abroad under contracts as prescribed in the Law on Vietnamese Workers Working Abroad under Contracts;

- Business managers and cooperative executives receive salaries;

- Non-professional workers in communes, wards and towns.

Workers who violate social insurance and unemployment insurance regulations will also be punished. Illustration photo: Diep Thanh

2. Pursuant to Decree 12/2022/ND-CP,workerViolations of regulations on social insurance and unemployment insurance will be punished as follows:

Errors in compulsory social insurance and unemployment insurance payments.

Pursuant to Clause 1, Article 39, Decree 12/2022/ND-CP, a fine of VND 500,000 to VND 1 million shall be imposed on employees who agree with employers not to participate in compulsory social insurance, unemployment insurance, participate in the wrong subjects or participate at an incorrect level as prescribed.