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Question:
“Dear Lawyers in Dragon Law, I have worked for a company. In my labor contract with salary is paid based on sales in the month. Payroll coefficient depends on the business results of the company for each period. So, is my wages can be calculated to pay social insurance?
Answer:
The prestige lawyer in Dragon Law would like to respond to you as below:
According to Clause 1, Clause 2 of Article 17 under Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government to promulgate provisions of Law on Social Insurance for compulsory social insurance, wage, which are based to pay compulsory social insurance and salary-based allowance; from January 1, 2018 salary, salary-based allowance and other amounts as prescribed in the labor law.
Pursuant to Article 90 of the Labor Code, Article 4 of the Circular No. 47/2015/TT-BLDTBXH dated November 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs, which is guiding the implement of labor contract, labor discipline and material responsibilities of the Decree No. 05/2015/ND-CP dated January 1, 2015 of the Government, salary in the contract includes: salary amounts, salary-based allowance and other amounts as calculated by working period or posts under wage scales, wage tables stipulated by the employers in accordance with the labor law as agreed by the two parties. For employee wages based on products or piecework must be paid as period to determine product unit or piecework.
In comparison with the above provisions, your enterprise just pays salary based on monthly sales calculated which is unsuitable. As a result, you propose to your company to write salary in labor contract in accordance with the law, which is foundation to pay social insurance.
For more detail, kindly contact to Dragon Law at:
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