If the company still owes social insurance, how does the employee receive one-time social insurance?
Ms. Nguyen Minh Thao (Binh Dinh province) was given the deadline to pay social insurance premiums in October 2019, and did not continue to participate in voluntary social insurance. When she made a one-time social insurance benefit, she was answered that her company still owes her social insurance money, so her application was not processed.
Ms. Thao asked, how was her case resolved? Is she entitled to one-time social insurance from October 2019 or earlier?
Regarding this issue, Binh Dinh Provincial Social Security replied as follows:
Pursuant to the Law on Social Insurance No. 58/2014/QH13 dated November 20, 2014, according to the provisions of Clause 3, Article 18 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing Some articles of the Law on Social Insurance on compulsory social insurance:
Employers are responsible for fully paying social insurance and unemployment insurance premiums, including late payment interest as prescribed for employees eligible for social insurance benefits or terminating labor contracts/work contracts in order to promptly settle social insurance and unemployment insurance benefits for employees.
Compared with the above regulations, the social insurance of Binh Dinh province has no basis to settle the one-time social insurance regime for her.
In case the company where she works has received a decision on dissolution or bankruptcy of the competent authority, the settlement shall be applied according to "Document No. 2802/BHXH-CSXH" dated August 9, 2021 of the Vietnam Social Insurance.
By: According to Chinhphu.vn/ LeAnh-Bizic
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