RESPONSIBILITIES IN INSURANCES WHEN LABORS SIGN MANY LABOR CONTRACTS
On May 05, 2013, the Government issues the Decree No. 44/2013/ND-CP dated May 10, 2013 of the Government detailing and guiding the implementation of some Articles in the Labor Code regarding labor contracts.
This Decree states clearly those responsibilities of participating in the compulsory social insurance, unemployment insurance of the employer and the employee. The employee concludes the labor contract with multiple employers and the employers and the employee are under the subject of participating in the compulsory social insurance, unemployment insurance, the employer and the employee in the first signed contract shall be responsible for participating in the compulsory social insurance, unemployment insurance as stipulated by the Law. Employers of the remaining labor contract shall have responsibility to pay an equivalent amount of money with the level of compulsory social insurance, unemployment insurance under the responsibilities of employers as stipulated by the Law at the same time with the time of paying salary.
Besides, also in this Decree, within the time since invalidating labor contracts partially till 2 parties amend and supplement the part of content that is invalidated, rights and benefits of the employee are settled according to the labor regulations, collective labor agreement (if any) and other regulations on labor. For invalidated labor contract whose has the salary level is lower than that of being regulated the Law on labor, labor regulations, collective labor agreement that are being applied, 2 parties shall make a re-agreement. The employer has the responsibility to refund the difference between the agreed salary and the salary in the invalidated labor contract according to the real working time of the employee, but not exceed 12 months.
In the case of not concluding the new labor contract, the employer shall have the responsibility to pay the employee an amount of money agreed by 2 parties but each working year is at least equal to month of regional minimum wage published at the time of having the decision of the totally invalidated labor contracts.
This Decree shall take effect from July 01, 2013 and replaces the Decree No. 44/2003/ND-CP dated May 09, 2003.
