Tiếng Việt
中文 (中国)
When registering the list of employees working at the enterprise for the social insurance agencies, as some enterprise has the number of employees up to thousands or tens of thousands with the same payment rate, so if the employer wants to not have to make a specific list of employees and still make sure to pay the correct and sufficient amount of social insurance, is it okay? If such payment is made, will the enterprise receive the amount of money for the occupational accident insurance regime to pay employees when the accident occurs?
According to Article 45 of the 2015 Law on Occupational Safety and Health, employees participating in occupational accident insurance are entitled to the occupational accident regime when fully meeting the conditions for enjoying the occupational accident regime as follows:
Having an accident in one of the following cases:
a) At the workplace and during working hours, even when performing necessary daily needs at the workplace or during working hours prescribed by the Labor Code and the rules of production and business establishments permit, including breaks, mid-shift meals, in-kind refreshments, menstrual hygiene, bathing, breastfeeding, toileting;
b) Outside the workplace or outside working hours when performing work at the request of the employer or the person authorized in writing by the employer to directly manage the labor;
c) On the route from the place of residence to the place of work or from the place of work to the place of residence within a reasonable time and route;
Working capacity reduction of 5% or more due to accidents specified in the above cases.
Register for general occupational accident insurance for all employees without a detailed list
Article 4 of Decree 58/2020/ND-CP detailed the payment rates and methods of payment to the Insurance Fund for occupational accidents and diseases.
Thereby, the employer must monthly withdraw from the salary fund to pay social insurance for the employee, except for the case the employee is a domestic worker, according to one of the following rates:
a) The normal payment level is equal to 0.5% of the salary fund as the basis for paying social insurance contributions; at the same time applied to employees being cadres, civil servants, public employees and members of the armed forces of the Party’s and State’s agencies, socio-political organizations, the army, the police, and public non-business units using the state budget;
b) The payment rate equal to 0.3% of the salary fund as a basis for social insurance payment shall be applied to enterprises that satisfy the conditions specified in Article 5 of Decree 58/2020/ND-CP.
The payment of the insurance regime is based on the salary as the basis for each employee’s social insurance payment on the labor contract. Accordingly, there will be almost no cases where enterprises with thousands of employees, including management levels, high skills, etc., have the same salary and social insurance contributions.
If so, it is likely that the enterprise is violating the law and paying the wrong level of social insurance in order to cut costs and infringe on the rights of employees.
In short, if there is no detailed list when registering the insurance regime for employees, the insurance agency will not have a basis to clearly determine the contribution rate and the employee’s benefit level. Thereby, the insurance agency can completely refuse to pay benefits to employees because it is not possible to accurately determine whether they participate or if they did, at what level of contribution.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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