Why do security guards over 60 years old still have to pay compulsory social insurance?

(Dan Tri) - Many older workers are still hired by businesses as security guards. They have labor contracts so they still have to pay compulsory social insurance (SI), even though they are of retirement age.

Ms. Hoa’s company hires a number of older workers as security guards. Ms. Hoa was surprised to learn that these guards still deduct their salaries every month to pay mandatory social insurance.

Ms. Hoa wondered: "Which document stipulates that employees over 60 years old must pay social insurance at the unit? All of these employees have not yet retired."

Elderly workers who have signed labor contracts still participate in compulsory social insurance (Illustration: Duong Nguyen).

According to Vietnam Social Security, based on the provisions of Article 2 of the 2014 Law on Social Insurance, people working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts or contracts for a certain job with a term of 1 month or more are subject to compulsory social insurance.

The content of Ms. Hoa's question is stipulated in Article 148, Article 149 of the 2019 Labor Code; Clause 4, Article 2 of Decree No. 115/2015/ND-CP of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance; Official Dispatch No. 3232/LĐTBXH-BHXH dated September 27, 2011 of the Ministry of Labor, Invalids and Social Affairs on the collection of social insurance, health insurance, and unemployment insurance of employees.

Article 148 of the 2019 Labor Code stipulates that an elderly worker is a person who continues to work after the prescribed retirement age.

Article 149 of the 2019 Labor Code stipulates that when employing elderly workers, the two parties may agree to enter into multiple fixed-term labor contracts.

In Official Dispatch No. 3232/LĐTBXH-BHXH dated September 27, 2011, the Ministry of Labor, Invalids and Social Affairs provides guidance on the collection of social insurance, health insurance, and unemployment insurance for employees who have passed retirement age.

Accordingly, elderly workers working under fixed-term and indefinite-term labor contracts are still subject to compulsory social insurance and unemployment insurance according to the provisions of the Law on Social Insurance.

Thus, when employing elderly workers, the two parties can agree to enter into multiple fixed-term labor contracts.

According to Vietnam Social Security, elderly workers working under a labor contract with a term of 1 month or more, an indefinite-term labor contract and not receiving monthly pension or social insurance benefits are still subject to compulsory social insurance contributions according to the provisions of the Law on Social Insurance.

Source: https://dantri.com.vn/an-sinh/vi-sao-bac-bao-ve-hon-60-tuoi-van-phai-dong-bhxh-bat-buoc-20241111113153896.htm