Chapter 2.
PARTICIPATION IN COMPULSORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND MEDICAL INSURANCE OF EMPLOYEES WHEN ENTER INTO LABOR CONTRACTS WITH MANY EMPLOYERS
Article 4. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees
1. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees:
a. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory social insurance and unemployment insurance, the employees and employers of the first labor contracts shall be responsible for participation in compulsory social insurance and unemployment insurance as prescribed by law.
The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of compulsory social insurance and unemployment insurance belonging to their responsibility as prescribed by law at the same time with the salary term of employees.
b. When a labor contract which employee and employer participating in the compulsory social insurance and unemployment insurance terminates or changes and the employee and employer not subject to participation in the compulsory social insurance and unemployment insurance, the employee and employer subject to participation in the compulsory social insurance and unemployment insurance of the following labor contract shall participate in the compulsory social insurance and unemployment insurance as prescribed by law.
2. Responsibility for participation in compulsory medical insurance of employers and employees:
a. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory medical insurance, the employees and employers of the labor contracts that have the highest salary level shall be responsible for participation in compulsory medical insurance as prescribed by law on medical insurance.
The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of medical insurance belonging to their responsibility as prescribed by law on medical insurance at the same time with the salary term of employees.
b. When a labor contract which employee and employer participating in the compulsory medical insurance terminates or changes and the employee and employer not subject to participation in the compulsory medical insurance, the employee and employer subject to participation in the compulsory medical insurance of the labor contract with the highest salary level in the remaining labor contracts shall be responsible for participation in the compulsory medical insurance as prescribed by law.
3. The change of responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance as prescribed in point b, clause 1, point b clause 2 of this Article is provided as follows:
a. Employees and employers shall be responsible for amending and supplementing contents on the compulsory social insurance, unemployment insurance and medical insurance in labor contracts as prescribed by law;
b. Employees shall be responsible for notification and sending of the social insurance books, medical insurance cards and other relevant papers to employers of the following labor contract for implementation.
4. Employees shall be responsible for notification and enclosing copies of labor contracts which have been signed or amended and supplemented or terminated to the remaining employers for information.
Article 5. Responsibilities of employers with respect to employees suffering occupational accidents or occupational illnesses
1. If employees suffer occupational accidents or occupational illnesses during the course of implementation of work, task under labor contract with employers where participating in the compulsory social insurance, employers and social insurance organizations shall solve regimes for employees as prescribed by law. Within 02 working days, after employees suffer occupational accidents or are defined to suffer occupational illness, employers shall notify in writing the employers of the remaining labor contract about health status of employees.
2. If employees suffer occupational accidents or occupational illnesses during the course of implementation of work, task under labor contract with employers which do not participate in the compulsory social insurance and medical insurance for employees, employers shall:
a. Pay expenses from first-aid until employees are treated to be stable as prescribed in clause 1 Article 144 of the Labor Code;
b. Pay full salary under labor contract for employees who suffer occupational accidents or occupational illness and have to stop work in treatment duration;
c. Pay compensation or allowance for employees as prescribed in clause 3 or clause 4 Article 145 of the Labor Code;
d. Notify in writing the employers of remaining labor contracts about the health status of employees.
3. Employers of labor contracts are not entitled to unilaterally terminate the labor contracts with employees suffering occupational accidents, occupational illness in the treatment duration, except case specified in point b clause 1 Article 38 of the Labor Code.
When employees have recovered health, the employers and employees may agree on further implementation of labor contracts or amending and supplementing content of labor contract or termination of the signed labor contracts as prescribed by law.
Tìm kiếm
Nghị định 44/2013/NĐ-CP (Bản Word)
Nghị định 44/2013/NĐ-CP (Bản Pdf)