Question 1: If an employee signs labor contracts with multiple employers, are all employers (other than the one paying social insurance) still required to pay occupational accident and disease insurance?
Answer: If an employee concurrently enters into two or more labor contracts with different employers:
- Social Insurance (SI) and Unemployment Insurance (UI) contributions are made under the first signed labor contract.
- Health Insurance (HI) is contributed under the contract with the highest salary.
- Occupational Accident and Disease Insurance (OADI) must be contributed under each labor contract.
Therefore, if an employee signs labor contracts with multiple employers, each employer is still required to pay occupational accident and disease insurance corresponding to their respective labor contract.
Legal basis:
- https://baohiemxahoi.gov.vn/hoidap/pages/default.aspx?ItemID=5307#
- https://baochinhphu.vn/lam-viec-tai-nhieu-noi-dong-bhxh-the-nao-102285283.html
- https://thuvienphapluat.vn/chinh-sach-phap-luat-moi/vn/thoi-su-phap-luat/tu-van-phap-luat/41110/lam-viec-tai-nhieu-cong-ty-thi-dong-bao-hiem-o-dau
According to Clause 2, Article 43 of the Law on Occupational Safety and Hygiene No. 84/2015/QH13:
In cases where an employee enters into labor contracts with multiple employers, each employer must pay occupational accident and disease insurance according to each signed labor contract, provided that the employee is subject to mandatory social insurance participation. In the event of a work-related accident or occupational disease, the employee will receive benefits based on the principle of contributions and entitlements as stipulated by the Government.
