CAN EMPLOYERS PAY FOR SOCIAL INSURANCE AT THE SAME TIME AT 2 COMPANIES?

I. Legal basis

• Social Insurance Law 2014
• Labor Code 2019
• Decision 595/QD-BHXH 2017

II. Regulations on Social Insurance Contributions

1. Can employees sign labor contracts with both companies at the same time?

According to the provisions of the Vietnam Labor Code 2019, employees can sign labor contracts with many companies at the same time, as long as this does not violate regulations on working time and terms. in the labor contract. Specifically:

1. Working time: Article 10 of the Labor Code stipulates that an employee’s working time must not exceed 8 hours per day and 48 hours per week. If the employee signs a contract with two companies, it is necessary to ensure that the working time at each company does not overlap and does not exceed this limit.
2. Rights and obligations: Employees need to comply with their obligations to each company, including insurance, personal income tax, and other benefits specified in the labor contract.
3. Terms in the contract: If the labor contract with one company contains provisions that limit the signing of labor contracts with another entity (for example, a non-compete clause), the employee must comply with the provisions of the contract. that decision follows.

Therefore, employees can sign labor contracts with two companies, but need to ensure that they do not violate the regulations on working time, rights and obligations in each company’s labor contract.

2. Can employees pay social insurance at 2 companies at the same time?

According to the provisions of the 2014 Law on Social Insurance and current instructions, if employees sign labor contracts with multiple employers (multiple companies), they are only allowed to pay social insurance ( Social insurance), unemployment insurance (UI), and health insurance (HI) at a single company.

Specifically:

1. Paying social insurance at the first company: According to regulations, employees only pay social insurance at the company where the labor contract was first signed. This means that if an employee has many labor contracts, they will only participate in social insurance and unemployment insurance according to the first signed labor contract, pay health insurance according to the labor contract with the highest salary, and pay occupational accident and occupational disease insurance according to each labor contract. and the following companies do not need to pay social insurance for employees.
2. Receive money instead of social insurance, unemployment insurance, and health insurance: To protect the rights of employees, companies can then agree to pay an amount equivalent to the social insurance, unemployment insurance, and health insurance contributions they must pay, as follows: part of the salary agreement, to ensure that workers are not disadvantaged.
3. Do not pay social insurance in two places: Employees cannot pay social insurance at two companies at the same time. Social insurance contributions only apply in one place, so even if working at two companies at the same time, employees still only participate in social insurance, unemployment insurance, and health insurance at the first company.

In short, although employees can work at many companies and sign many labor contracts, they only pay social insurance at a single company and can receive additional payments from other companies. to compensate for the insurance premium that this company must bear.

3. If I have paid social insurance at the same time at 2 companies, can I get a refund of the paid insurance money?

If an employee has paid social insurance (social insurance) at the same time at two companies, the social insurance agency will refund the employee the amount the unit and the employee have paid into the pension, death and survivorship fund. The amount paid into the unemployment insurance fund (including the amount under the employer’s responsibility to pay social insurance and unemployment insurance), excluding interest.

III. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/  Facebook: https://www.facebook.com/hankuk.lawfirm  Tiktok: https://www.tiktok.com/@opineslang  Youtube: https://www.youtube.com/@hankuklawfirm6375 Email:  info@hankuklawfirm.com   Telephone: (English) 0369.77.11.46