(PLO)- People receiving pensions, social insurance benefits, or monthly benefits who are entering into labor contracts are not subject to compulsory social insurance participation.
Cha I am over 60 years old this year, is receiving a monthly pension. Because my health is still good, Fr I applied to work as a security guard for a company near my home in Ho Chi Minh City. When I started working, the company signed a labor contract with my father.
Let me ask about your father’s case I am receiving a pension, do I have to pay compulsory social insurance? If not closed then hfather’s month What extra money do I get from the company?
You read Tran Van Dung (TP.HCM)
Lawyer Trinh Ngoc Hoan Vu, DHo Chi Minh City Bar Association, Answer: According to Clause 9, Article 123 of the 2014 Law on Social Insurance, it is stipulated: People receiving pensions, social insurance benefits, and monthly benefits who are entering into labor contracts are not subject to compulsory social insurance participation.
In addition, in Clause 3, Article 168 of the Labor Code, it is stipulated that for employees who are not subject to compulsory social insurance, health insurance, or unemployment insurance, the employer is responsible for making additional payments at the same time. period of payment of a sum of money to employees.
The amount of additional payment is equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for employees according to the provisions of law.
Thus, in the case of your father receiving a pension, he is not subject to compulsory social insurance participation.
Because he does not participate in mandatory social insurance every month, the company will have to pay an additional amount equivalent to the amount the company pays him for compulsory social insurance, health insurance, and unemployment insurance.
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