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Student Thu Phuong (Hanoi) works part-time (6 hours/day) at a supermarket, signs a labor contract with the supermarket and is supported by the supermarket to pay part of her social insurance. However, near the time of quitting work, the supermarket requires students to pay additional health insurance (even though students have paid health insurance at school and their health insurance is not deducted during their working time). If they do not pay, they will not be paid and student Phuongs health insurance card at the school will be locked. Students asked, is the above action of the supermarket right or wrong? If its wrong, how to solve it? Regarding this issue, City Social Insurance. Hanoi responded as follows: Pursuant to Clause 10, Article 1 of the 2024 Revised Health Insurance Law, subjects participating in health insurance include: Employees working under indefinite-term labor contracts, definite-term labor contracts with a term of 01 full month or more, including cases where the employee and the employer agree by a different name but with content showing paid employment, salary, management, and conditions. supervision and supervision by one party, and agreement with the employer to work part-time, with a monthly salary equal to or higher than the salary used as a basis for paying the lowest compulsory social insurance according to the provisions of the law on social insurance; Thus, if a student works part-time under a contract with a term of 01 month or more, if in the month the salary is equal to or higher than the minimum salary used as a basis for paying compulsory social insurance, he/she is eligible to participate. Health insurance according to the law. According to Clause 5, Article 13 of the Health Insurance Law amended in 2024, in case a person simultaneously belongs to many different subjects participating in health insurance, the health insurance premium must be paid according to the first subject that person is identified in order. Pursuant to Clause 5, Article 12 of the Health Insurance Law amended in 2024, the order of subjects participating in health insurance is as follows: Group paid by employees and employers; groups paid by social insurance organizations; groups paid for by the State budget; Groups whose contributions are supported by the State budget; Groups participating in health insurance are based on households. Therefore, when students sign a labor contract, if they are subject to compulsory social insurance, they are also subject to compulsory health insurance. In case the supermarket has not deducted the health insurance premium from the students salary, the student is responsible for paying his/her share to the unit, at the rate of 1.5% of salary/month. Salary payment is not under the authority of the social insurance agency. However, according to Article 94 of the 2019 Labor Code on the principles of salary payment, employers are not allowed to use salary payment to force employees to perform other obligations that are not in the contract or illegal. Salary is a benefit for the effort Phuong has put in and must be paid in full upon termination of the contract.Chinhphu.vnSee moreDeduction levels when paying health insurance by householdSee moreGroups supported to pay health insuranceSee moreHealth insurance premiums for households and students according to the new base salarySee moreHow do students from agricultural, forestry and fishery families pay health insurance?Refer moreWhat group do students with household registration in safe communes receive health insurance in?
