Is it necessary to continue paying social insurance when working and receiving a pension
Reader lylyxxx@gmail. com asks: I am receiving a pension. Now that I have returned to work, do I have to pay more social insurance to have a higher pension later?
Legal Consulting Department of Lao Dong Newspaper answers:
Point a, Clause 1, Article 2 of the 2024 Law on Social Insurance stipulates: Vietnamese employees who are subject to compulsory social insurance include: People working under indefinite-term labor contracts, fixed-term labor contracts with a term of 01 month or more, even in cases where employees and employers agree by another name but the content shows that the job is paid, wages and the management, administration, and supervision of one party.
However, Point a, Clause 7, Article 2 of the 2024 Social Insurance Law stipulates: Cases that are not subject to compulsory social insurance include: People who are receiving pensions, social insurance allowances, monthly allowances.
In addition, Clause 3, Article 168 of the 2019 Labor Code stipulates: For employees who are not subject to compulsory social insurance, health insurance, and unemployment insurance, employers are responsible for paying an additional amount at the same time as the salary payment period to employees equivalent to the level that employers pay compulsory social insurance, health insurance, and unemployment insurance to employees according to the provisions of law on social insurance, health insurance, and unemployment insurance.
Thus, people who are receiving pensions, social insurance allowances, and monthly allowances are no longer required to participate in compulsory social insurance, and when going to work, employers will pay an additional amount of money to employees at the same time as the payout period, equivalent to the level that employers pay compulsory social insurance, health insurance, and unemployment insurance.
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