📋 Tender Overview
Ms. Nguyen Thi Hanh (Hanoi) works at an FDI enterprise. Her business and the employee signed a separate probationary contract, not a labor contract. The enterprise does not pay mandatory social insurance for employees during the probationary period, the contents of the probation contract are guaranteed as prescribed in Clause 2, Article 24 of the 2019 Labor Code. However, the enterprise also does not pay the employee an amount equivalent to the mandatory social insurance, and then when the labor relationship terminates, pays severance allowance to the employee. Ms. Hanh asked, is not paying an amount equivalent to the insurance premium during the probationary period as above consistent with current legal regulations? Regarding this issue, the Ministry of Home Affairs responded as follows: According to the provisions of Article 24 of the 2019 Labor Code, the employer and the employee can agree on the probation content stated in the labor contract or agree on probation by signing a probationary contract. The main content of the probationary contract includes the probationary period and the contents specified in Points a, b, c, dd, g and h, Clause 1, Article 21 of the 2019 Labor Code. Probation does not apply to employees who sign labor contracts with a term of less than 1 month. Clause 3, Article 168 of the 2019 Labor Code stipulates: For employees who are not subject to compulsory social insurance, health insurance, and unemployment insurance, the employer is responsible for paying an additional amount at the same time as the salary period to the employee an amount equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for the employee according to the provisions of law on social insurance. Health insurance, unemployment insurance. In Clause 5, Article 3 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government detailing and guiding the implementation of a number of articles of the Social Insurance Law on compulsory social insurance, employees working under probationary contracts according to the provisions of the labor law are not subject to participation in compulsory social insurance. Based on the information received, the Ministry of Home Affairs provides relevant legal regulations for Ms. Nguyen Thi Hanh to research and implement.Chinhphu.vnDoes the probationary period have to pay social insurance? February 2, 2026 10:04 Does the probationary period count for severance pay? August 15, 2025 10:00 Probation period is not required to participate in social insurance January 24, 2024 10:02 Business household owners are subject to compulsory social insurance participation January 10, 2026 07:00 Instructions for registering to participate in compulsory social insurance September 5, 2025 09:00
