📋 Tender Overview
Mr. Nguyen Chuong (Tay Ninh) joined company A, tried the job from July to September 2025, then signed a contract. During the probationary period, he was not allowed to pay insurance and was not paid 21.5% of insurance in his salary. At the end of December, company A changed its legal name to company B. Mr. Chuong asked, he worked for 6 months under the name of company A, in early 2026 worked with the name of company B, so when the company changes its legal name in early 2026, will he be paid insurance for 2 months of probation, and will he receive severance pay? Regarding the issue To this issue, the Ministry of Home Affairs responded as follows: Clause 3, Article 168 of the 2019 Labor Code stipulates: For employees who are not subject to compulsory social insurance, health insurance, or unemployment insurance, the employer is responsible for paying an additional amount at the same time as the salary period for the employee equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for the employee according to regulations. of the law on social insurance, health insurance, unemployment insurance. According to the provisions of the Law on Social Insurance 2024 (effective from July 1, 2025), probationers under probation contracts are not subject to compulsory insurance. According to the provisions of Clause 1, Article 46 of the 2019 Labor Code: When the labor contract terminates according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying severance benefits to employees who have worked regularly for 12 months or more. Based on the above regulations and the information provided by Mr. Nguyen Chuong, regarding payment of social insurance during the probationary period, his question does not have all the necessary information about the probationary contract, so there is not enough basis to answer specifically. Accordingly, Mr. Chuong is requested to base on the above regulations to review and request the company to resolve regimes and policies for him according to the laws on labor and social insurance. Regarding severance pay, because Mr. Nguyen Chuong only worked at company A for 6 months (did not meet the conditions of working 12 months or more to receive severance pay), in case of termination of the labor contract with company A, he is not entitled to severance pay as prescribed in Clause 1, Article 46 of the Labor Code.Chinhphu.vnSee moreIs severance pay for the probationary period? See moreProbation period Do I have to pay social insurance? See more Is the probationary period counted to receive severance pay? See more Is the probationary period not required to participate in social insurance See more Do I have to pay additional insurance in the probationary salary? See more Do I have to pay an additional insurance premium in the probationary salary?
