I. Can a worker sign multiple labor contracts?
According to the provisions of Article 19 of the Labor Code 2019, it is stipulated as follows: “Article 19. Entering into Multiple Labor Contracts
A worker may enter into multiple labor contracts with multiple employers, but must ensure the full implementation of the agreed-upon terms.
- If a worker enters into multiple labor contracts with multiple employers, participation in social insurance, health insurance, unemployment insurance shall be carried out in accordance with the regulations of the laws on social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.”
Therefore, a worker can enter into labor contracts with multiple different employers as long as they fulfill the agreed-upon terms and comply with the current labor laws.
According to the provisions of Article 2, Clause 1 of the Social Insurance Law 2014, the applicable subjects are as follows:
a) Vietnamese citizens working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts, or specific-term labor contracts with a duration of at least 03 months but less than 12 months, including labor contracts signed between employers and legal representatives of individuals under 15 years of age as prescribed by labor law.
b) Employees working under labor contracts with a duration of at least 01 month but less than 03 months;
III. Participants in unemployment insurance:
Based on the provisions of the Employment Law, specifically Article 43, these are the subjects that participate in unemployment insurance: Workers must participate in unemployment insurance when working under labor contracts or employment contracts as follows:
- Labor contracts or employment contracts of indefinite duration;
- Labor contracts or employment contracts of definite duration;
IV. Subjects participating in health insurance
There are 6 groups of subjects participating in health insurance:
1- Those for whom employees and employers contribute;
2- Those for whom social insurance agencies contribute;
3- Those for whom the state budget contributes;
4- Those supported by the state budget with a specific contribution rate;
5- Those participating in health insurance as part of their household registration;
6- Those for whom employers contribute.
According to Clause 1, Article 42 of the consolidated document No. 2089/VBHN-BHXH dated June 26, 2020, from the Vietnam Social Security, it states: “Workers simultaneously holding two or more labor contracts with different entities shall contribute to social insurance, occupational accident and occupational disease insurance based on the first labor contract signed, contribute to health insurance based on the labor contract with the highest salary, and contribute to labor union and unemployment insurance based on each labor contract.” Therefore, if a worker works for multiple companies simultaneously, social insurance contributions are as follows:
- Social insurance (retirement and survivorship fund): contributions are made to the company where the first labor contract is signed;
- Social insurance (occupational accident and occupational disease insurance): contributions are made to all companies with labor contracts (however, the worker does not need to contribute to this fund, and the employer will contribute);
- Unemployment insurance: contributions are made to the company where the first labor contract is signed;
- Health insurance: contributions are made to the company where the labor contract with the highest salary is signed.
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