DO EMPLOYERS NEED TO PAY HEALTH INSURANCE WHEN WORKING UNDER A 2-MONTH LABOR CONTRACT?

Currently, many employers need to sign 2-month contracts with employees. So if I sign a 2-month contract, do I have to pay insurance? Join Pham Consult to find out through the article below.

Pursuant to Clause 1, Article 12 of the 2008 Health Insurance Law as amended by Clause 6, Article 1 of the 2014 Amended Health Insurance Law, it is stipulated as follows:

Subjects participating in health insurance

1. Groups owned by employees and employers include:

a) Employees working under an indefinite-term labor contract or a labor contract with a term of 3 months or more; The employee is a business manager and receives a salary; officials, civil servants, and public employees (hereinafter collectively referred to as employees);

b) Persons working part-time in communes, wards and towns according to the provisions of law.

2. Groups paid by social insurance organizations include:

a) People receiving monthly pension or disability allowance;

b) People who are receiving monthly social insurance benefits due to a work accident, occupational disease or a disease on the list of diseases requiring long-term treatment; people aged 80 or older who are receiving monthly death benefits;

c) Commune, ward, and town officials who have retired and are receiving monthly social insurance benefits;

d) People receiving unemployment benefits.

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Thus, employees working under labor contracts with a term of 3 months or more must pay health insurance. Employees working under a 2-month labor contract do not need to pay health insurance.

Pursuant to Article 20 Procedures for collecting social insurance, health insurance, unemployment insurance, labor accident and occupational disease insurance; issuance of social insurance books and health insurance cards issued together with Decision 595/QD-BHXH stipulates as follows:

Refund of health insurance premiums

1. People participating in health insurance according to the subjects in Clauses 4 and 5, Article 17 will be refunded health insurance premiums in the following cases:

1.1. Participants who were issued health insurance cards according to the new group of subjects, now report a reduction in the value of the previously issued card (in order of payment after the new subjects according to the provisions of Article 12 of the Health Insurance Law);

1.2. Receive an increase in support for health insurance premiums from the state budget;

1.3. Died before the health insurance card was valid.

2. Refund amount

The refund amount is calculated based on the health insurance premium and the time the card has been paid but has not been used. The time the card has been paid but has not been used is calculated from the following time:

2.1. From the moment health insurance cards are issued in groups, they begin to be valid for the subjects specified in Point 1.1, Clause 1 of this Article.

2.2. From the time the decision of the competent authority takes effect for the subjects in Point 1.2, Clause 1 of this Article.

2.3. From the moment the card is valid for use by the subjects specified in Point 1.3, Clause 1 of this Article.

At the same time, based on Clauses 4 and 5, Article 17 Procedures for collecting social insurance, health insurance, unemployment insurance, insurance for labor accidents and occupational diseases; issuance of social insurance books and health insurance cards issued with Decision 595/QD-BHXH (amended and supplemented by Clauses 19 and 20, Article 1 of Decision 505/QD-BHXH and Clause 6, Article 2 of Decision Decision 490/QD-BHXH, Clause 1, Article 2, Decision 948/QD-BHXH of 2023) stipulates as follows:

Subjects participating in health insurance as prescribed in Article 12 of the Health Insurance Law and its guiding documents, specifically as follows:

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4. Groups supported by the state budget include:

4.1. People from near-poor households;

4.1a. People in multidimensionally poor households do not fall into the cases specified in Point 3.7, Clause 3 of this Article.

4.2. Pupils and students studying at educational institutions under the national education system, including civilian students studying at People’s Public Security schools;

4.3. People from households engaged in agriculture, forestry, fishery and salt production have an average standard of living.

5. Group participating in health insurance by household, including:

5.1. People whose names are in the same household register for permanent residence, except for those who fall under the provisions of Clauses 1, 2, 3, 4, 8 of this Article and those who have declared temporary absence.

5.2. People whose names are in the same household registering for temporary residence, except for subjects specified in Clauses 1, 2, 3, 4, 8 of this Article and subjects who have participated in health insurance as prescribed in Point 5.1 of this Article.

5.3. The following subjects are eligible to participate in health insurance in the form of households:

a) Dignitaries, officials, monks;

b) People living in social protection facilities without support from the state budget to pay health insurance.

Thus, according to the above regulations, only groups whose premiums are supported by the state budget and groups participating in household health insurance will be refunded their health insurance premiums if they die before the health insurance card is issued. use value.

Where do employers pay health insurance for their employees?
Pursuant to Article 15 of the 2008 Health Insurance Law (amended by Clause 9, Article 1 of the 2014 Revised Health Insurance Law), it is stipulated as follows:
Method of paying health insurance
1. Every month, the employer pays health insurance for the employee and deducts the health insurance premium from the employee’s salary to pay at the same time to the health insurance fund.
2. For businesses in the fields of agriculture, forestry, fishery, and salt production that do not pay salaries monthly, every 3 months or every 6 months, the employer pays health insurance for employees. mobilize and deduct health insurance premiums from the employee’s salary to pay at the same time to the health insurance fund.
3. Every month, the social insurance organization pays health insurance according to the provisions of Points c, d and dd, Clause 1, Article 13 of this Law into the health insurance fund.
4. Every quarter, agencies, organizations, and units granting scholarships pay health insurance according to the provisions of Point h, Clause 1, Article 13 of this Law to the health insurance fund.
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Thus, the employer pays health insurance for the employee and deducts the health insurance premium from the employee’s salary to pay at the same time to the health insurance fund.

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