Câu hỏi 14. NLĐ làm việc theo HĐLĐ có thời hạn dưới 03 tháng có thuộc đối tượng đóng BHXH không?

7099
  1. Giao kết HĐLĐ có thời hạn dưới 03 tháng với NLĐ

Theo quy định của BLLĐ 2012, HĐLĐ dưới 03 tháng có thể được hiểu là HĐLĐtheo mùa vụ hoặc theo một công việc nhất định có thời hạn dưới 12 tháng[1]. Khi giao kết loại HĐLĐ này, NSDLĐ cần lưu ý rằng trong trường hợp công việc thực hiện mà có tính chất thường xuyên và lâu dài từ 12 tháng trở lên thì NSDLĐ không được giao kết HĐLĐ theo mùa vụ hoặc theo một công việc nhất định có thời hạn dưới 12 tháng với NLĐ, ngoại trừ các trường hợp NSDLĐ phải tạm thời thay thế NLĐ đi làm nghĩa vụ quân sự, nghỉ theo chế độ thai sản, ốm đau, tai nạn lao động hoặc nghỉ việc có tính chất tạm thời khác[2].Như vậy, NSDLĐ có thể giao kết HĐLĐ theo mùa vụ có thời hạn dưới 03 tháng với NLĐ làm việc không trọn thời gian chỉ khi NLĐ đó làm công việc có tính chất không thường xuyên và lâu dài.

Thực tiễn cũng đã xảy ra nhiều trường hợp NSDLĐ vàNLĐ làm việc không trọn thời gian đã giao kết “Hợp đồng cộng tác viên” nhưng khi cơ quan quản lý lao động địa phương có thẩm quyền kiểm tra thì được biếtnhững NLĐ này đã làm việc “liên tục” và “thường xuyên” cho NSDLĐ trong nhiều năm theo “hợp đồng cộng tác viên” và cơ quan quản lý lao động địa phương đã yêu cầu NSDLĐ phải ký kết HĐLĐ cho những NLĐ này.

  1. NLĐ làm việc không trọn thời gian có thuộc đối tượng đóng BHXH hay không?

Theo quy định của Luật BHXH 2014, người làm việc theoHĐLĐ có thời hạn từ đủ 01 tháng đến dưới 03 thángthuộc đối tượng tham gia BHXH bắt buộc[3]. Do đó, trường hợpNSDLĐgiao kếtHĐLĐ theo mùa vụ có thời hạn dưới 03 tháng với NLĐ làm việc không trọn thời gian thì phải đóng BHXH cho những NLĐ đó.

[1] Điều 22.1(c) BLLĐ 2012

[2]Điều 22.3 BLLĐ 2012

[3] Điều 2.1(b) Luật BHXH 2014

173 Bình luận

  1. Its like you read my thoughts! You seem to understand a lot about this, like
    you wrote the ebook in it or something. I feel that you just could do with a few % to drive the message home a bit,
    but instead of that, this is excellent blog.
    A great read. I’ll definitely be back.

  2. I must thank you for the efforts you’ve put in penning this site.
    I am hoping to see the same high-grade blog posts by you later on as well.
    In truth, your creative writing abilities has encouraged me to get my very own blog now 😉

  3. Good day! This post could not be written any better! Reading through this post reminds me of
    my old room mate! He always kept chatting about this.
    I will forward this post to him. Pretty sure
    he will have a good read. Many thanks for sharing!

  4. Its such as you read my thoughts! You appear to understand so much about this, such
    as you wrote the ebook in it or something. I believe
    that you simply can do with a few % to power the message home a bit, but instead of that,
    that is excellent blog. A great read. I will certainly be back.

  5. Howdy! This article couldnít be written much better! Reading through this post reminds me of my previous roommate! He constantly kept preaching about this. I am going to forward this post to him. Fairly certain he’ll have a very good read. I appreciate you for sharing!

  6. We are a group of volunteers and starting a new scheme in our community.

    Your web site offered us with valuable info to work on. You have
    done an impressive job and our entire community will be thankful to you.

  7. Having read this I believed it was very informative. I appreciate you taking the time and energy to put this content together. I once again find myself personally spending way too much time both reading and posting comments. But so what, it was still worthwhile!

  8. Hey there would you mind letting me know which hosting company you’re utilizing?
    I’ve loaded your blog in 3 completely different browsers and
    I must say this blog loads a lot quicker then most.

    Can you suggest a good internet hosting provider at a reasonable price?
    Thanks a lot, I appreciate it!

  9. Hi there would you mind sharing which blog platform you’re
    working with? I’m looking to start my own blog soon but I’m having a tough time choosing between BlogEngine/Wordpress/B2evolution and Drupal.

    The reason I ask is because your layout seems different then most
    blogs and I’m looking for something completely unique.
    P.S My apologies for being off-topic but I had to ask!

  10. I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored material stylish.
    nonetheless, you command get bought an edginess over that you wish be delivering the following.
    unwell unquestionably come more formerly again since exactly the same nearly very often inside case
    you shield this hike.

  11. This is the perfect website for anybody who really wants to find out about this topic.
    You understand a whole lot its almost hard to argue with you (not
    that I actually will need to…HaHa). You definitely put a
    fresh spin on a subject which has been discussed for many years.
    Great stuff, just wonderful!

  12. I really love your site.. Excellent colors & theme. Did you create this web site yourself? Please reply back as Iím planning to create my very own site and would like to find out where you got this from or what the theme is called. Appreciate it!

  13. I seriously love your website.. Very nice colors & theme. Did you develop this website yourself? Please reply back as Iím hoping to create my own blog and want to learn where you got this from or exactly what the theme is called. Cheers!

  14. Yesterday, while I was at work, my cousin stole my iPad and tested to see if
    it can survive a 25 foot drop, just so she can be
    a youtube sensation. My iPad is now destroyed and she has 83 views.
    I know this is entirely off topic but I had to share it with someone!

  15. It’s perfect time to make some plans for the longer term and it is time to be happy.
    I’ve read this submit and if I may just I desire to
    recommend you few attention-grabbing issues or suggestions.
    Perhaps you could write next articles referring to this article.
    I desire to learn more issues about it!

  16. Thanks for finally talking about > Câu hỏi 14.
    NLĐ làm việc theo HĐLĐ có thời hạn dưới 03
    tháng có thuộc đối tượng đóng BHXH không? | Luật Sư Nguyễn Hữu Phước < Liked it!

  17. Good day! I could have sworn I’ve visited your blog before but after browsing through many of the articles I realized it’s new to me.

    Regardless, I’m definitely delighted I came
    across it and I’ll be bookmarking it and checking back regularly!

  18. Hi there, just became alert to your blog through
    Google, and found that it is really informative. I am gonna watch out for brussels.
    I’ll be grateful if you continue this in future. A lot of people
    will be benefited from your writing. Cheers!

  19. I’m really enjoying the design and layout of your blog.

    It’s a very easy on the eyes which makes it much more pleasant for
    me to come here and visit more often. Did you hire out a developer to create
    your theme? Great work!

  20. Everything posted was actually very reasonable. But, consider this, what if you composed a catchier post title?
    I ain’t suggesting your content isn’t good, but suppose you added a title that makes people desire more?
    I mean Câu hỏi 14. NLĐ làm việc theo HĐLĐ có thời
    hạn dưới 03 tháng có thuộc đối tượng đóng BHXH không?
    | Luật Sư Nguyễn Hữu Phước is kinda boring. You ought to glance at Yahoo’s home page and watch
    how they create article headlines to grab people
    interested. You might add a related video or a related picture
    or two to get readers interested about everything’ve
    written. In my opinion, it might make your posts a little livelier.

  21. I’m really enjoying the design and layout of your site.

    It’s a very easy on the eyes which makes it
    much more enjoyable for me to come here and
    visit more often. Did you hire out a developer to create
    your theme? Excellent work!

  22. Hey There. I discovered your weblog the usage of msn. This is
    a very well written article. I will be sure to bookmark it and come back to
    read more of your useful info. Thanks for the post.
    I’ll definitely comeback.

  23. Having read this I thought it was very enlightening. I appreciate you finding the time and energy to put this short article together. I once again find myself personally spending a lot of time both reading and commenting. But so what, it was still worthwhile!

  24. This is the perfect site for everyone who hopes to find out about this topic.
    You know a whole lot its almost hard to argue with you (not that I personally
    will need to…HaHa). You definitely put a new spin on a subject that has been discussed for years.
    Great stuff, just wonderful!

  25. I do trust all of the concepts you have presented on your
    post. They are really convincing and will certainly work.
    Nonetheless, the posts are too quick for novices. Could you please lengthen them a bit from subsequent time?
    Thanks for the post.

  26. I feel this is among the such a lot significant info
    for me. And i am satisfied studying your article.

    However wanna commentary on few basic issues,
    The website taste is ideal, the articles is really excellent :
    D. Just right activity, cheers

  27. An impressive share! I have just forwarded this onto a friend who has been doing a little research on this.
    And he actually ordered me breakfast simply because I stumbled upon it for him…

    lol. So allow me to reword this…. Thanks for the meal!!
    But yeah, thanx for spending some time to talk about this subject here on your
    web site.

  28. Greetings, I think your site could possibly be having internet browser compatibility
    issues. Whenever I take a look at your web site in Safari, it looks
    fine however, when opening in I.E., it has some overlapping issues.
    I merely wanted to give you a quick heads up! Other than that, excellent website!

  29. An outstanding share! I have just forwarded this onto
    a co-worker who was conducting a little research on this.
    And he actually ordered me breakfast due to the fact that
    I found it for him… lol. So allow me to reword this….
    Thank YOU for the meal!! But yeah, thanks for spending the time to discuss this matter here on your site.

  30. Today, while I was at work, my sister stole my iphone and
    tested to see if it can survive a 40 foot drop,
    just so she can be a youtube sensation. My iPad is now broken and she has 83 views.
    I know this is entirely off topic but I had to share it with someone!

  31. Hey there I am so thrilled I found your site, I really
    found you by mistake, while I was researching on Yahoo for something else, Nonetheless I am here now and would just like to say
    many thanks for a fantastic post and a all round exciting blog (I also love the theme/design),
    I don’t have time to browse it all at the moment but I have saved it
    and also added your RSS feeds, so when I have time I
    will be back to read a lot more, Please do keep up the superb
    job.

  32. Fantastic goods from you, man. I’ve understand your stuff previous to and you are just too magnificent.

    I really like what you have acquired here, really like what
    you are stating and the way in which you say it. You make it enjoyable and you still care for to keep it wise.

    I cant wait to read much more from you. This is really a wonderful site.

  33. Howdy! This article could not be written much better!

    Reading through this article reminds me of my previous roommate!
    He continually kept preaching about this.
    I most certainly will send this post to him. Fairly certain he’s going
    to have a great read. Thanks for sharing!

  34. Iím impressed, I must say. Rarely do I come across a blog thatís both equally educative and entertaining, and without a doubt, you’ve hit the nail on the head. The issue is something too few men and women are speaking intelligently about. Now i’m very happy I found this during my search for something regarding this.

  35. I blog quite often and I genuinely thank you for your content. This great article has really peaked my interest. I am going to take a note of your blog and keep checking for new details about once a week. I subscribed to your Feed as well.

  36. First off I would like to say wonderful blog! I had a quick question which
    I’d like to ask if you don’t mind. I was curious to find out how you center yourself and clear your thoughts
    prior to writing. I have had a hard time clearing my thoughts
    in getting my ideas out. I truly do enjoy writing however
    it just seems like the first 10 to 15 minutes are wasted simply just trying to figure out how to
    begin. Any recommendations or hints? Kudos!

  37. Hey there would you mind letting me know which webhost you’re working with? I’ve loaded your blog in 3 different browsers and I must say this blog loads a lot faster then most. Can you suggest a good web hosting provider at a reasonable price? Thanks a lot, I appreciate it!|

  38. Does your blog have a contact page? I’m having a tough time locating
    it but, I’d like to shoot you an e-mail. I’ve got some ideas
    for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it improve over time.

  39. Hmm it seems like your website ate my first comment (it was super long) so I
    guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your
    blog. I as well am an aspiring blog blogger but I’m still new to the whole thing.
    Do you have any tips and hints for newbie blog writers?
    I’d genuinely appreciate it.

  40. What you said was very reasonable. But, what
    about this? what if you added a little content?
    I ain’t saying your information isn’t solid, however what
    if you added a headline to possibly grab folk’s attention? I mean Câu hỏi 14.

    NLĐ làm việc theo HĐLĐ có thời hạn dưới 03 tháng có
    thuộc đối tượng đóng BHXH không? | Luật Sư Nguyễn Hữu Phước is kinda vanilla.

    You might peek at Yahoo’s home page and note how they create post headlines to get viewers interested.
    You might add a video or a pic or two to get people interested about everything’ve written. Just my opinion,
    it could make your posts a little livelier.

  41. Magnificent beat ! I would like to apprentice at the same time as you amend your web site, how could
    i subscribe for a weblog web site? The account aided me a acceptable deal.
    I had been a little bit familiar of this your broadcast offered vibrant transparent idea

  42. After looking over a number of the blog articles on your web page, I really appreciate your way of blogging. I bookmarked it to my bookmark website list and will be checking back soon. Please check out my web site too and let me know what you think.

  43. Hello, i feel that i saw you visited my blog thus
    i came to return the choose?.I’m attempting to in finding things to enhance my web site!I guess its
    adequate to make use of some of your ideas!!

  44. After looking over a handful of the articles on your web site, I seriously like your technique of writing a blog. I saved it to my bookmark webpage list and will be checking back soon. Please check out my website too and let me know your opinion.

  45. Woah! I’m really enjoying the template/theme of this blog.

    It’s simple, yet effective. A lot of times it’s very
    difficult to get that “perfect balance” between user
    friendliness and visual appeal. I must say you have done a excellent
    job with this. In addition, the blog loads super fast for me on Firefox.
    Superb Blog!

  46. Pretty part of content. I simply stumbled upon your web site and in accession capital to assert that I get actually loved
    account your blog posts. Anyway I’ll be subscribing
    in your augment or even I success you get right of entry to consistently quickly.

  47. Thanks a lot for sharing this with all folks you actually realize what
    you’re speaking about! Bookmarked. Kindly additionally talk over with
    my web site =). We may have a hyperlink exchange agreement
    among us

  48. Fantastic items from you, man. I’ve understand your stuff
    previous to and you are just extremely great. I actually like what you have bought right here, really like what you are saying and the best way wherein you say it.
    You’re making it enjoyable and you continue to care for
    to keep it sensible. I cant wait to learn much more from you.
    That is actually a great website.

  49. Can I just say what a comfort to find someone who genuinely understands what
    they are discussing over the internet. You definitely know how to bring an issue to light and make it important.
    More and more people have to read this and understand
    this side of your story. I was surprised you are not more popular because you certainly possess the gift.

  50. I was curious if you ever thought of changing the page layout of your blog?
    Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it
    better. Youve got an awful lot of text for only having 1 or two images.
    Maybe you could space it out better?

  51. Have you ever thought about publishing an e-book or guest authoring on other websites?
    I have a blog centered on the same topics you discuss and would love to have you share some stories/information. I know my visitors
    would enjoy your work. If you are even remotely interested, feel free to shoot me
    an e-mail.

  52. Hey! I understand this is sort of off-topic but I needed to ask.
    Does operating a well-established website such as yours take a
    large amount of work? I am completely new to running a blog but I do write in my diary daily.
    I’d like to start a blog so I can share my experience and
    feelings online. Please let me know if you have any kind of ideas or tips for new aspiring blog owners.
    Appreciate it!

  53. I was extremely pleased to uncover this web site. I want to to thank you for your time due to this wonderful read!! I definitely loved every little bit of it and I have you bookmarked to check out new things on your blog.

  54. I think this is among the most important information for me.
    And i’m glad reading your article. But should remark on few general things, The web site
    style is ideal, the articles is really great : D.
    Good job, cheers

  55. Your style is unique in comparison to other people I have read stuff from.
    Many thanks for posting when you have the opportunity,
    Guess I’ll just book mark this blog.

  56. Oh my goodness! Amazing article dude! Thank you so much, However I am encountering problems with your RSS. I donít understand the reason why I am unable to join it. Is there anybody else getting similar RSS problems? Anyone that knows the solution can you kindly respond? Thanx!!

  57. Iím impressed, I must say. Seldom do I come across a blog thatís equally educative and entertaining, and without a doubt, you’ve hit the nail on the head. The issue is an issue that too few men and women are speaking intelligently about. I am very happy that I found this during my hunt for something regarding this.

  58. Woah! I’m really digging the template/theme of this blog.
    It’s simple, yet effective. A lot of times it’s challenging to get that “perfect balance” between usability
    and visual appearance. I must say you’ve done a awesome job with this.
    Also, the blog loads extremely fast for me on Internet explorer.
    Excellent Blog!

  59. I am extremely impressed along with your writing skills as smartly as with the layout in your blog.
    Is this a paid subject or did you customize it yourself?
    Either way keep up the nice quality writing, it is rare to see
    a great weblog like this one today..

  60. Hello there! This article could not be written much better! Looking through this article reminds me of my previous roommate! He constantly kept talking about this. I am going to send this information to him. Fairly certain he’ll have a good read. Thank you for sharing!

  61. May I just say what a comfort to find an individual who
    genuinely knows what they are discussing online. You definitely know how to bring an issue to light
    and make it important. More and more people need to look
    at this and understand this side of the story.
    I can’t believe you are not more popular
    given that you most certainly possess the gift.

LEAVE A REPLY

Vui lòng nhập bình luận!
Vui lòng nhập tên của Bạn