How many working days does an employee need to work in a month to be paid social insurance by Company?

Legal situation: My company’s business hours were Monday to Friday (Saturday and Sunday are days off). In February 2023, due to personal reasons, I was only able to work for 11 days without receiving salary. Would my company still be required to pay social insurance for me during that time?  I hope FDVN answers my question.  

FDVN’s opinion: 

Thank you for sending your question to FDVN LawFirm (FDVN). For your consulting request, after researching relevant legal regulations, FDVN has the following exchange: 

According to Clause 3, Article 85 of the Law on Social Insurance 2014, a level and method of payment by an employee participating in compulsory social insurance as follows: “Employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance benefits, except cases of maternity leave.”

To be specific for your case, there are 20 working days in the month of February, 2023. You worked for 11 of these working days, so the number of non-working days and non-salary days is 09 days. According to the above provisions, social insurance shall not be paid for a month in which an employee does not work and receive a salary for at least 14 working days. Therefore, in your case, you are required to pay the social insurance for February 2023 according to the level stipulated by the law. 

The above is FDVN’s opinion based on research of legal provisions. We hope that FDVN’s advisory will be helpful to you. 

Nguyễn Thị Lan Anh – FDVN Law Firm