Mr. Nguyen Huu Binh in Bac Ninh asked: I am a retired teacher. Currently, I receive a pension of more than 5 million VND/month. After Tet, I want to work for a company with a labor contract. As far as I know, when signing a labor contract, I will have to pay social insurance. So, do I have to pay social insurance again?
Answering this question, lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Articles 148, 149 of the Labor Code stipulate about elderly workers as follows:
Elderly workers have the right to agree with employers on shortening daily working hours or applying non-full-time working regimes.
The State encourages the use of elderly workers to work in accordance with their health to ensure labor rights and effectively use human resources.
When using elderly workers, the two parties can agree to conclude multiple fixed-term labor contracts.
When elderly workers are receiving pensions according to the provisions of the Law on Social Insurance and work under a new labor contract, in addition to the benefits they are enjoying under the pension regime, elderly workers are entitled to salaries and other benefits according to the provisions of law and labor contracts.
It is not allowed to use elderly workers to do heavy, hazardous, dangerous or especially heavy, hazardous, dangerous jobs that have adverse effects on the health of elderly workers, unless safety working conditions are ensured.
Employers are responsible for caring for the health of elderly workers at the workplace.
Regarding the regulations on compulsory social insurance contributors in Clause 7, Article 2 of the Law on Social Insurance as follows:
Cases that are not subject to compulsory social insurance include:
People who are receiving pensions, social insurance allowances, and monthly allowances.
The Government stipulates that subjects entitled to social insurance allowances and monthly allowances are not subject to compulsory social insurance participation.
Workers are domestic helpers.
Subjects specified in points m and n, clause 1 of this Article have reached retirement age as prescribed in clause 2, Article 169 of the Labor Code, except for cases where the social insurance contribution period is still less than 06 months as prescribed in clause 7, Article 33 of this Law.
Clause 4, Article 7 of the Law on Social Insurance on subjects participating in voluntary social insurance includes:
Vietnamese citizens aged 15 and over are not subject to compulsory social insurance and are not people receiving pensions, social insurance allowances, monthly allowances;
Subjects specified in points a and b, clause 1 of this Article are temporarily suspending the implementation of labor contracts and working contracts, unless the two parties agree on compulsory social insurance contributions during this time.
Thus, according to current regulations, elderly employees receiving pensions when participating in labor will not have to participate in compulsory social insurance. At the same time, the Law on Social Insurance also stipulates that employees receiving pensions are also not subject to voluntary social insurance participation.
