In fact, there are students who have participated in health insurance at the school, but when working part-time 6 hours/day, they are required by businesses to recover health insurance money. Even, some places have announced that if they do not pay, they will not be paid salary.
When do part-time students have to pay health insurance at businesses?
According to Clause 10, Article 1 of the amended Health Insurance Law in 2024, health insurance participants include employees working under indefinite-term labor contracts or fixed-term labor contracts of 1 month or more.
This regulation also applies to non-full-time employees, if their monthly salary is equal to or higher than the salary as the basis for compulsory social insurance contributions at the lowest level according to regulations.
Thus, if students work part-time under a contract for 1 month or more and the salary meets the legal conditions, they are still subject to compulsory health insurance according to the group of workers, even if they have previously purchased health insurance at the school.
Having bought health insurance at school, why still have to pay according to the company?
According to Clause 5, Article 13 of the revised Health Insurance Law in 2024, if one person simultaneously belongs to many different groups of health insurance participants, they will pay according to the group identified first in legal order.
Clause 5, Article 12 of the amended Health Insurance Law 2024 stipulates the order of groups participating in health insurance including:
Groups paid by employees and employers;
Groups contributed by social insurance organizations;
Groups contributed by the state budget;
Groups supported by the state budget for contributions, including students;
Groups participate by household.
According to this order, the group of workers is ranked before the group of students. Therefore, when students sign labor contracts that meet the conditions to participate in compulsory health insurance, they must switch to paying health insurance according to businesses.
In other words, student health insurance cards are no longer a priority basis if that person is already in the group of employees who are required to participate in health insurance.
What is the health insurance premium for students doing part-time jobs?
Currently, the compulsory health insurance contribution level is 4.5% of the monthly salary. In which:
Employers pay 3%;
Employees contribute 1.5%.
If during the working period, the enterprise has not deducted the 1.5% part of the employee's responsibility, then the employee is still responsible for returning this part so that the unit can complete the payment of health insurance to the social insurance agency according to regulations.
Article 94 of the 2019 Labor Code clearly stipulates: employers are not allowed to use salary payments to coerce employees to perform other obligations not in the contract or illegally.
That means, salary is the legitimate right of employees corresponding to the effort they have put in. Enterprises are responsible for paying salaries fully and on time to employees, even when the contract has been terminated.
In case there is a surcharge for health insurance, businesses and employees must handle it according to the provisions of the law on insurance, and must not use that reason to keep salaries or threaten not to pay salaries.
To limit risks when working part-time, students need to proactively learn carefully about regulations related to labor contracts and insurance. Before starting a job, they should clearly check the contract term, salary level, social insurance, health insurance terms and monthly deductions.
In addition, students also need to determine which group they belong to to participate in health insurance, monitor how businesses deduct and pay insurance, and immediately discuss with the employer if there are unclear issues.
If their rights are affected, their salaries are kept or they are required to perform obligations contrary to regulations, students can report to functional agencies, social insurance agencies or trade union organizations for support.
