Seasonal workers who only sign contract work are entitled to social insurance?

Sending a question to the Ministry of Finance , a representative of a construction company said that the company hired a team of about 5 people to do contract work. The company did not track the timekeeping or calculate salaries for these workers, only paying based on the amount of work completed.

" A project usually lasts 6-12 months. The contractor will work for 2 months, then the project will stop and they will go to other projects to work. When the project has an order to continue construction, they will come back to continue working ," said a company representative.

This company requested the Ministry of Finance to provide guidance on social insurance payment regime for contract workers.

" If we have to pay, what is the minimum amount because the company only signed a contract for work, not a labor contract, and during the months when the project is stopped and they do not work at the company, how should we handle it appropriately? '', the business representative asked.

Regarding this issue, Vietnam Social Security (Ministry of Finance) said that according to the provisions of Point a, Clause 1, Article 2, Clause 1, Article 140 of the Law on Social Insurance 2024, people working under indefinite-term labor contracts, fixed-term labor contracts with a term of 1 month or more, including cases where the employee and the employer agree on a different name but with content showing the paid work, salary and management, operation and supervision of one party are subject to compulsory social insurance participation.

Monthly salary used as the basis for compulsory social insurance payment is stipulated in Clause 1, Article 7 of Decree 158/2025/ND-CP dated June 25, 2025 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance.

In which, the salary stated in the labor contract: records the salary calculated according to the time of the job or position according to the salary scale and salary table established by the employer according to the provisions of Article 93 of the Labor Code.

For employees receiving wages based on products or piecework wages, the salary calculated by time shall be recorded to determine the unit price of products or piecework wages according to the provisions of Point a, Clause 5, Article 3 of Circular No. 10/2020/TT-BLDTBXH dated November 12, 2020 of the Ministry of Labor - Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Labor Code on the content of labor contracts, Collective Bargaining Councils and occupations and jobs that have a negative impact on reproductive and child-rearing functions.

" Therefore, in case the employee and the employer agree with a different name but the content shows the paid work, salary and management, operation and supervision of one party for 1 month or more, they are subject to compulsory social insurance; the monthly salary used as the basis for compulsory social insurance payment shall be implemented according to the above provisions ," Vietnam Social Security stated.

According to the provisions of Clause 5, Article 33 of the Law on Social Insurance 2024, subjects specified in Points a, b, c, d and i, Clause 1 and Clause 2, Article 2 of this Law (Law on Social Insurance 2024) who do not receive salary for 14 working days or more in a month, the employee does not have to pay social insurance for that month, except in cases where the employer and the employee have an agreement on paying social insurance for the employee that month with the basis of payment being equal to the basis of social insurance payment in the most recent month.

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