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Ten new points about Compulsory Social Insurance

  27/07/2021

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Ten new points on compulsory social insurance according to Circular 06/2021/TT-BLDTBXH compared to Circular 59/2015/TT-BLDTBXH

Here are ten points of innovation on the social insurance regime that must be in Circular 06/2021/TT-BLDTBXH amending Circular 59/2015/TT-BLDTBXH guiding regulations on compulsory social insurance, effective from the beginning. into force from September 1, 2021.

Ten new points on Social Insurance must be in Circular 06/2021/TT-BLDTBXH compared to Circular 59/2015/TT-BLDTBXH

About subjects participating in compulsory social insurance

In Clause 1, Article 1, Circular 06/2021, Clause 1, Article 2, Circular 59/2015 is amended as follows:

Persons who work part-time in communes, wards and townships and concurrently enter into labor contracts specified at Points a and b, Clause 1, Article 2 of the Law on Social Insurance, shall participate in compulsory social insurance according to the provisions of the Law on Social Insurance. the subjects specified at Points a and b, Clause one, Article 2 of the Law on Social Insurance.

Specifically, Points a and b, Clause 1, Article 2 of the Law on Social Insurance provide:

“Article 2. Subjects of application

EMPLOYEES are Vietnamese citizens who are subject to compulsory social insurance, including:
a) Employees working under labor contracts with indefinite term, labor contracts with definite term, seasonal labor contracts or according to a certain job with a term from full 3 months to less than 12 months , including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;
b) Persons who work under labor contracts for a term of from full 1 month to less than three months.

Thus, if a person who works part-time in a commune, ward or township but also works under a labor contract with a term of from full 1 month to less than three months, he/she must participate in social insurance in groups. employees working under contracts.

Sickness benefits when not taking a full month’s leave

In Clause 2, Article 1 of Circular 06/2021, point b, Clause 2, Article 6 of Circular 59/2015 is amended as follows:

The month of severance to enjoy sickness benefits is counted from the date of commencement of severance to enjoy the sickness benefits of that month to the previous day of the following month. In case with odd days not full month, the sickness benefit rate of odd days not full month is calculated according to the formula below but maximum equal to one month sickness allowance:

In there:

– The rate of enjoyment of the sickness regime as prescribed at Point a of this Clause.

– The number of days off to enjoy the sickness regime, including holidays, New Year holidays, and weekly rest days.

Compared to the current one, Circular 06/2021 supplemented regulations on enjoying sickness benefits for odd days not in a full month, up to a maximum of one month’s sickness allowance.

In addition, employees subject to social insurance contributions are forced to enter the sickness and maternity fund when they fall ill, have an accident without having to have an occupational accident or have to take time off work to take care of their sick child under 7 years old. If the period of severance is from 14 working days or more in a month (including unpaid job loss), the sickness benefit rate is calculated on the salary paid for social insurance of the month immediately. hesitate before retiring.

(Currently, according to Circular 59/2015, it is calculated on the illegal monthly salary, making the basis for paying Social Insurance of that month).

In case the EMPLOYEE continues to be sick and has to stop working in the immediately following months, the sickness benefit rate shall be calculated on the monthly salary, which makes the basis for payment of Social Insurance of the month immediately preceding. before retiring. (New content)

Clarifying the case of receiving a one-time allowance when giving birth to a male employee

Clause 5, Article 1 of Circular 06/2021, point c, Clause 2, Article 9 of Circular 59/2015 is added as follows:

In case the mother participates in Social Insurance but is not eligible for the maternity regime upon giving birth and the father fully meets the conditions specified at Point a, Clause 2, Article 9 of Circular 59/2015, the father is entitled to allowance 1. times when giving birth according to Article 38 of the Law on Social Insurance.

The addition of this provision is intended to clarify the one-time allowance at the time of childbirth in Article 38 of the Law on Social Insurance.

Thus, if both husband and wife participate in Social Insurance but the wife is not eligible for the maternity regime, the husband who has paid Social Insurance for 6 months in the 12 months before giving birth will be entitled to the benefits. a lump-sum payment at the time of childbirth equal to 02 months’ basic salary at the month of childbirth for each child.

In addition, the determination of the 12-month period before the birth of a child for a male EMPLOYEE or the mother’s husband asks the gestational surrogacy to receive a lump-sum allowance when the wife gives birth to a child according to the provisions of Clause 1, Article 9 of the Circular No. 59/2015.

Annual leave coincides with maternity leave

Clause 7, Article one of Circular 06/2021 adds guidance if the maternity leave period coincides with the annual leave.

Specifically, when calculating the maternity leave period as prescribed in Articles 32, 33, 2, Article 34 and Article 37 of the Law on Social Insurance, if the EMPLOYEE is on annual leave, loses his or her own job, , unpaid leave according to the provisions of labor law:

– Time coincides with the period of annual leave, personal severance, unpaid leave not eligible for benefits;

– Period of severance, excluding annual leave, personal leave, and time off

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