During the suspension of the labor contract, can I receive salary and pay social insurance?

Ms. Le Thi Hoa, An Hung Company (Yen Thanh) asked.

Reply:

I. Do employees whose labor contracts are temporarily suspended receive salary?

Pursuant to Article 30 of the 2019 Labor Code, regulations on suspension of labor contracts:

"Article 30. Suspension of performance of labor contracts

1. Cases of temporary suspension of labor contract performance include:

a) Employees performing military service or participating in the Militia and Self-Defense Forces;

b) Employees are detained or imprisoned according to the provisions of the law on criminal procedure;

c) Employees must comply with the decision to apply measures to send them to a reformatory school, compulsory drug rehabilitation facility or compulsory education facility;

d) Pregnant female employees as prescribed in Article 138 of this Code;

d) Employees are appointed as business managers of a single-member limited liability company in which the State holds 100% of the charter capital;

e) Employees are authorized to exercise the rights and responsibilities of the State owner representative for the State capital portion at the enterprise;

g) Employees are authorized to exercise the rights and responsibilities of the enterprise regarding the capital invested by the enterprise in other enterprises;

h) Other cases agreed by both parties.

Through various forms of propaganda, people can easily update the superior policies of social insurance and health insurance. Photo: Dinh Tuyen

2. During the period of suspension of the labor contract, the employee shall not receive salary and rights and benefits agreed upon in the labor contract, unless otherwise agreed by both parties or otherwise provided by law".

Accordingly, if you and the company do not have another agreement, during the period of suspension of the labor contract, you will not receive salary.

II. Are employees whose labor contracts are temporarily suspended entitled to social insurance?

Pursuant to Clause 4, Article 42, Collection Proceduresocial insurance, health insurance, unemployment insurance, occupational accident and disease insurance; issuance of social insurance books and health insurance cards issued with Decision 595/QD-BHXH in 2017 stipulates as follows:

"Article 42. Management of subjects

4. Employees who do not work and do not receive salary for 14 working days or more in a month do not pay social insurance for that month. This period is not counted for social insurance benefits".

Accordingly, employees who do not work and do not receive salary for 14 working days or more in a month will not pay social insurance for that month. This period is not counted for social insurance benefits.

Thus, if during the suspension period of the labor contract you do not have a salary agreement with the company, the company will not pay social insurance for you during the suspension period and this period will not be counted for social insurance benefits./.