Signing a 2-month probation contract requires compulsory social insurance: Is it in accordance with regulations?
According to regulations, the case where the unit signs a 2-month probation contract is not subject to compulsory social insurance participation.
Sending a question to the Social Insurance agency, reader K.C asked: "My company signed a 2-month probation contract for the position in charge of communication - marketing, salary of 15,000,000 VND/month.
My company is instructed to pay compulsory social insurance for probationary contracts of 01 month or more according to the provisions of the 2024 Social Insurance Law.
I would like to ask, is the above guidance correct?
Regarding this issue, Hanoi City Social Insurance answers as follows:
Based on Clause 5, Article 3 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government stipulating subjects participating in compulsory social insurance:
5. Subjects specified in point a, clause 1, Article 2 of the Law on Social Insurance working part-time, with a monthly salary calculated according to the provisions of clause 2, Article 7 of this Decree lower than the salary used as the basis for compulsory social insurance contributions as the lowest; employees working under probationary contracts according to the provisions of labor law are not subject to compulsory social insurance participation".
In comparison with the above regulations, the case where a unit signs a 2-month probation contract is not subject to compulsory social insurance participation.
Read the original here.
- Note the conditions for enjoying pensions when paying compulsory and voluntary social insurance
- Proposal to pay compulsory social insurance for many groups of subjects
- Understanding the mandatory social insurance for business households
- Not just basic salary - compulsory social insurance contributions