According to the 2014 Social Insurance Law (effective until June 30, 2025), the subjects participating in compulsory social insurance are mainly those working under fixed-term or indefinite-term labor contracts. However, in practice, there are many cases where employees work under other forms of agreements, leading to not being able to participate in compulsory social insurance and losing necessary social security benefits.
The 2024 Social Insurance Law expands the scope of compulsory social insurance participation to those working under contracts not named labor contracts (Illustration photo)
To overcome this problem and institutionalize the viewpoint of social security reform, towards universal social insurance, the Social Insurance Law 2024 supplements the regulation to expand the subjects participating in compulsory social insurance. In particular, regarding the factor of the labor contract at point a, clause 1, Article 2 of the Social Insurance Law 2024 stipulates that the subjects participating in compulsory social insurance are: "People working under an indefinite-term labor contract, a fixed-term labor contract 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".
This new regulation reflects a change in the perception of labor relations, ensuring that: The nature of the work, salary and management and supervision are the factors that determine participation in compulsory social insurance instead of just relying on the formal name of the contract. This helps protect the rights of many employees who are working under informal forms or contracts with other names (such as service contracts, collaborator contracts, etc. but with dependent elements) which are essentially labor relations.
In addition, the 2024 Social Insurance Law also expands other groups of subjects participating in compulsory social insurance from July 1, 2025, including: Business household owners of registered business households; business managers, controllers, representatives of state capital, representatives of enterprise capital; members of the board of directors, general directors, directors, members of the board of supervisors or controllers and other elected management positions of cooperatives and cooperative unions who do not receive salaries; part-time employees; part-time workers in villages and residential groups; and regular militia forces.
With the addition of compulsory social insurance, employees will enjoy full social insurance benefits including: sickness, maternity, work accidents, occupational diseases, retirement and death.
The continued expansion of the subjects participating in compulsory social insurance under the Social Insurance Law 2024 is an important step forward in perfecting the multi-layered social security system in Vietnam. This not only ensures legitimate rights, helps employees stabilize their lives when facing risks, contributes to the goal of universal social insurance coverage, and strengthens people's trust in the social security policies of the Party and State./.
Social Insurance Region XXIX
Source: https://baolongan.vn/nguoi-lam-viec-theo-hop-dong-khong-mang-ten-hop-dong-lao-dong-van-duoc-bao-dam-quyen-loi-a197745.html
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