Do seasonal contracts of less than 1 month in Vietnam have to pay social insurance?

BichNgoc July 5, 2022

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Posts : Do seasonal contracts of less than 1 month in Vietnam have to pay social insurance? In the section LSX Lawfirm

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Hello lawyer. I plan to work as a temporary employee of a company for less than 1 month. I want to know if I work for a short time, will I be able to pay all kinds of insurance? Can I pay social insurance, health insurance and unemployment insurance? Do seasonal contracts of less than 1 month have to pay social insurance? According to current legislation, how is this issue regulated? Looking forward to having a lawyer answer your questions. I sincerely thank!
Thank you for trusting and sending questions to Lawyer X. With your questions, we would like to give you the following advice:

Legal grounds

Labor Code 2019;
Law on Social Insurance 2014;
Decree 146/2018/ND-CP.

Hire workers to work for less than 1 month, how to sign a contract?

The Labor Code 2019 officially took effect from January 1, 2021, has replaced the previous Labor Code 2012. According to the new provisions in this Code, seasonal labor contracts or specific jobs with a term of less than 12 months have been eliminated. Instead, Article 20 of this Code stipulates that there are two types of contracts: labor contract with indefinite term and labor contract with definite term. Specifically:

An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract’s validity.

A fixed-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

Besides, in Clause 2, Article 14 of the Labor Code 2019 also stipulates the form of entering into seasonal contracts of less than 1 month. For a definite-term labor contract of less than 1 month, both parties can enter into a verbal labor contract (not required to enter into a written contract).

Do seasonal contracts of less than 1 month have to pay social insurance?

Clause 1, Article 2 of the Law on Social Insurance 2014 stipulates that subjects must participate in compulsory social insurance include:

Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term from full 3 months to less than 12 months, counting both labor contracts signed between the employer and the legal representative of the person under 15 years of age in accordance with the labor law;

Persons working under labor contracts with a term of from full 1 month to less than 3 months;

Officials and civil servants;

National defense workers, public security workers, and people doing other jobs in cipher organizations;

Officers and professional soldiers of the People’s Army; officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People’s Public Security; people doing cipher work receive salaries like military personnel;

Non-commissioned officers and soldiers of the People’s Army; non-commissioned officers and soldiers of the People’s Public Security who serve a definite term; Military, police and cipher students who are studying are entitled to living expenses;

Persons who go to work abroad under the contract specified in the Law on Vietnamese laborers working abroad under the contract;

The enterprise manager, the executive manager of the cooperative receiving salary;

People who work part-time in communes, wards and townships.

Thus, in case an employee works under a labor contract with a term of less than 1 month, the enterprise currently does not have to pay social insurance for the employee.

Do seasonal contracts under 1 month have to pay health insurance?

Clause 1, Article 1 of Decree 146/2018/ND-CP stipulates the group where employees and employers pay health insurance premiums, As follows:

Employees working under indefinite-term labor contracts or labor contracts with a term of full 3 months or more; managers of enterprises, non-public non-business units and wage-earning cooperative managers; officials and civil servants.
People who work part-time in communes, wards and townships according to the provisions of law.

Thus, for employees working under labor contracts with a term of full 3 months or more, they are required to participate in health insurance. Every month, the employee will pay 1.5% of the monthly salary to pay social insurance, and the employee must pay 3% to the health insurance fund. If you sign a seasonal contract for less than 1 month, you are not required to pay health insurance according to this regulation.

Do seasonal contracts of less than 1 month have to pay unemployment insurance?

Clause 1, Article 43 of the Employment Law 2013 stipulates the subjects who are required to participate in unemployment insurance. Includes the following objects:

Employees must participate in unemployment insurance when working under a labor contract or a working contract as follows:

Labor contract or work contract of indefinite term;
Labor contract or fixed-term work contract;
The labor contract is seasonal or for a certain job with a term of from full 3 months to less than 12 months.

Note: In case the employee enters into and is performing many labor contracts specified in this Clause, the employee and the employer of the first * labor contract signed are responsible for participating in the contract unemployment insurance.

Thus, employees who sign labor contracts with a term of full 3 months or more will be eligible to participate in unemployment insurance. If you sign a seasonal contract for less than 1 month, you are not required to pay this amount.

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Frequently asked questions

How to resign when signing a seasonal contract of less than 1 month?

With labor contracts with a term of less than 12 months, either the employee or the employer can terminate the contract ahead of time quite easily. According to the provisions of the current Labor Code. The employee unilaterally terminates the contract: Just notify the enterprise 3 working days in advance.

Can a seasonal contract of less than 1 month expires be re-signed?

The current labor law of Vietnam does not limit the number of times a seasonal labor contract is signed. When a seasonal contract of less than 1 month expires, a seasonal contract can be renewed again, based on the agreement of the employee and the employer.

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