When she took maternity leave, Ms. T. did not receive maternity benefits. When Ms. T. asked, the company leader said that the unit had not paid social insurance, so she had not received it. When she quit her job, the company could not close her social insurance book.
Ms. T. asked: "We have made many requests to the company but the answer we received was that the company is currently facing difficulties and cannot continue paying social insurance. So now is there any way for me to close the insurance for the period of working at the old company?"
Enterprises that delay paying social insurance greatly affect the rights of employees, especially female employees (Illustration: Pham Nguyen).
According to Vietnam Social Security, the company's responsibility to pay social insurance is stipulated in Clause 3, Article 18 of Decree 115/2015/ND-CP. Accordingly, employers are responsible for paying sufficient social insurance and unemployment insurance, including late payment interest as prescribed for employees who are eligible for social insurance or terminate labor contracts or employment contracts to promptly resolve social insurance and unemployment insurance regimes for employees.
Regarding maternity benefits, Article 31 of the 2014 Law on Social Insurance stipulates that employees must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child to receive maternity benefits.
Based on the above regulations, if Ms. T. is eligible for maternity benefits, the company that is late in paying social insurance is responsible for paying the full amount of late payment, including late payment interest, to promptly resolve her maternity benefits.
In case the company has not paid the full amount of late social insurance payment, it can confirm the social insurance book up to the time of social insurance payment so that Ms. T. can enjoy maternity benefits (if she meets the conditions for maternity benefits according to the above regulations) and continue to participate in social insurance at the new unit.
Ms. T's case happens a lot in units that are slow to pay social insurance for many months, cannot resolve social insurance regimes and greatly affects the rights of employees.
Vietnam Social Security once sent a written request, the Ministry of Labor - Invalids and Social Affairs issued Official Letter 856/LĐTBXH-BHXH dated March 19, 2013 to respond to the solution to the above problem.
According to Official Letter 856/LĐTBXH-BHXH, for enterprises that are really facing difficulties and owe social insurance contributions, enterprises are allowed to pay social insurance for employees who are eligible for social insurance benefits, employees who quit their jobs to resolve social insurance benefits and close social insurance books to ensure the rights of employees according to regulations.
Thus, Ms. T. can request the old company to pay the remaining social insurance, close her social insurance book to enjoy maternity benefits (if eligible) and participate in social insurance at the new unit.
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