Sending a question to the Social Insurance agency, reader V.M.C said: "I am a construction worker and signed an indefinite-term contract.
During the month, I took a 15-day leave, the company did not pay social insurance for me in that month, is that correct? My salary per working day is 400,000 VND".
Regarding this issue, Ho Chi Minh City Social Insurance answers as follows:
Based on Clause 5, Article 33 of the 2024 Law on Social Insurance, subjects specified in Points a, b, c, d and i, Clause 1 and Clause 2, Article 2 of this Law who do not receive salary from 14 working days or more in the month, employees are not required to pay social insurance in that month, except in cases where employers and employees have an agreement on paying social insurance for employees in that month with the contribution base equal to the contribution base of the most recent month of social insurance.
Comparing the above regulations, to determine the compulsory social insurance participants of the month, he bases on the number of days of unpaid leave in that month, if it is 14 days or more, then social insurance is not required, except in cases where the employer and the employee have an agreement on social insurance contributions for the employee in that month with the contribution base equal to the contribution base of the most recent social insurance month.
