Vietnamese social insurance system

I. Contents to be included in a labor service contract

1, type of work; 2. Working hours; 3. Workplace; 4. Rest time; 5. salary; 6. Term of the contract; 7. Labor safety, labor hygiene and social insurance.

2. Labor contracts can be divided into written contracts and oral agreements.

Written contracts include: 1, open-ended contracts, which are applicable to contracts whose completion time cannot be determined or whose completion time exceeds 36 months; 2. A time-limited contract is applicable to the work that can be completed within 12 to 36 months; 3. If the temporary contract can be completed within 12 months, a new contract shall be signed within 30 days after the expiration of this contract. If the work continues without signing a new contract, the old contract will continue to take effect. The labor service contract shall take effect from the date of signing or reaching an agreement, and each party shall hold one written contract.

Third, the probation period.

Technical work shall not exceed 60 days, general work shall not exceed 30 days, and temporary work shall not exceed 6 days. The salary during the probation period shall not be less than 70% of the official salary. During the probation period, both parties can modify and supplement the contract.

Fourth, wages.

The salary is agreed by both parties who sign the contract. Salary can be monthly salary, weekly salary, daily salary, hourly salary, piece-rate salary and contract salary. Wages are paid on time, and the longest payment time shall not exceed 1 month if it is necessary to extend the payment time under special circumstances.

Verb (abbreviation for verb) Working hours, overtime and rest.

The working hours shall not exceed 8 hours per day, 48 hours per week, at least 1 day per week, and at least 4 days per month. Work and rest time is determined by the employer according to actual needs. Both parties may agree on overtime hours, but the overtime hours shall not exceed 50% of the stipulated working hours, 4 hours a day and 200 hours a year. If the working hours are stipulated by the week, the average daily working and overtime hours shall not exceed 65,438+02 hours. Workers who work overtime are entitled to 65,438+050% of their normal wages on non-holidays and 200% of their normal wages on holidays, and overtime wages are paid according to holidays. New Year's Day 1 day (1 October 1 day), 4 days of Spring Festival (30 days in the old calendar year, 1 to the third day), Victory Day 1 day (April 30th), and International Labor Day 1 day. Annual vacation, ordinary work 12 days/year, work with high labor intensity and great danger 14 days/year, work with high labor intensity and particularly dangerous environment 16 days/year.

6. Internal rules and regulations of the enterprise.

Enterprises with employees 10 or more must formulate internal rules, and before the rules are promulgated, they must solicit the opinions of the enterprise trade union and report them to the provincial labor management department for the record.

Seven. social security

Those who have worked for more than 3 months and have no fixed-term contract must apply for compulsory social insurance. If a worker is injured or disabled at work, the employer must pay medical expenses, and if he is not insured, he will also pay compensation according to social insurance conditions.

Eight. Conditions under which a worker can unilaterally terminate a contract

(1) A fixed-term contract, that is, a temporary contract less than 12 months, may be unilaterally terminated by the employee under the following circumstances:

1, the owner can't arrange the type of work and workplace according to the contract or can't guarantee the completion of working conditions (notify the owner 3 days in advance);

2. Can't or can't fully enjoy the salary (notify the owner 3 days in advance);

3. Being abused or forced to work (notify the owner 3 days in advance);

4, personal or family difficulties are not allowed to continue working (1-3 years contract, notify the owner 30 days in advance; Notify the owner 3 days in advance if the contract is not full 1 year);

5. Female pregnancy (according to doctor's advice);

6. For contracts with a term of 1 to 3 years or less than 12 months, the worker is sick and cannot be cured after 3 months of treatment (notify the owner 3 days in advance);

(2) If there are no contract terms, the employee may unilaterally terminate the contract, but he shall notify the owner 45 days in advance.

(three) seasonal work or engage in regular work.

Under the following circumstances, the training fee that employees need to compensate when they unilaterally terminate the contract:

1. Workers deliberately leave school while receiving training;

2. Do not serve the owner after graduation;

3. Serve the owner after the training, but the time cannot reach the time stipulated in the labor contract and the study contract; The amount of compensation shall be agreed by both parties.

Nine, the owner unilaterally terminate the labor contract conditions

1, workers often fail to complete the work according to the contract;

2. Workers are dismissed;

3. Indefinite contract workers were cured after 12 months, contract workers after 1 to 3 years were cured after 6 months, and contract workers under 1 year were cured after half of the same period.

4. In case of irresistible reasons, the owner has tried his best to overcome it and still can't resume normal production;

If the contract is terminated unilaterally, the owner should negotiate with the local trade union. If no agreement can be reached, it shall report to the local functional department and make a decision within 30 days. If no agreement can be reached, it shall be handled according to legal procedures.

Unless the contract is terminated unilaterally, the employee shall be notified in advance at the following time:

For contracts with no fixed term, 45 days in advance;

1 transfer to a 3-year contract with 30 days' notice;

Contracts with a term less than 1 year shall be notified 3 days in advance.

When the owner dismisses the workers, he shall pay compensation according to the salary and bonus of half a month every year; However, if an employee unilaterally terminates the contract due to theft, corruption, disclosure of enterprise secrets, etc., causing heavy losses to the enterprise, and is punished by extending the salary increase time and transferring from other jobs, and commits another crime during the period when the punishment is not revoked, or commits another crime after being dismissed, no compensation will be paid.

Ten, the owner can't arrange work according to the principle of contract processing.

1. If the type of work cannot be arranged according to the contract, other types of work can be arranged temporarily, but not more than 60 days, and the parties shall be notified 3 days in advance;

2, such as workers do not accept the temporary arrangement, then distinguish the responsibility, decide whether to enjoy the salary;

3. The salary at the time of job-hopping shall not be lower than 70% of the original salary, and if the original salary is higher than the new salary within 30 days of job-hopping, you shall enjoy the original salary;

If the original enterprise is merged or divided, the new company has the obligation to absorb the original labor force, otherwise it will pay compensation of one month's salary every year, but the compensation can not be less than two months' salary.

11. Foreign workers must go through the formalities in Vietnam.

Foreign laborers who have worked in Vietnam for more than 3 months must apply for the labor certificate issued by the labor department of the province (municipality directly under the Central Government). The validity period of the labor certificate shall be determined according to the contract period, but it shall not exceed 3 years. The labor permit can be extended according to the requirements of the employer.

The following persons do not need to apply for a work permit:

-Working hours are less than 3 months;

-The foreigner is a member of the board of directors, general manager, deputy general manager, manager or deputy manager of the company;

-Representatives of representative offices in Vietnam and heads of branches;

-Lawyers with industry licenses issued by the Ministry of Justice of Vietnam;

Twelve. Working conditions of foreigners in Vietnam:

1, age18;

2. Physical condition meets work requirements;

3. High technical level and rich experience in industry and management. The technical level, management experience and other qualifications of such personnel must be certified by the functional departments of their country.

4. No criminal record;

5. Have a work permit issued by the functional department of Vietnam for more than 3 months.

Thirteen, foreigners to apply for a Vietnamese labor permit required materials.

1, employment application;

2. If the judicial resume issued by the state functional department has been more than 6 months, it is necessary to supplement the judicial resume issued by the local judicial department;

3. Physical examination form;

4. Copies of special technical certificates such as university graduation or above academic certificates and technical certificates. If the laborer is a talent with traditional craft or management experience, it needs to be certified by the national functional department;

5. Three color photos (3CMX4CM, bareheaded, front, without glasses) taken in the past 1 year;

The submitted materials must be certified and translated into Vietnamese. There must be a copy and an original, and the translation is consistent with the original.