(Dan Viet) What the employee has to do to receive the maternity pay when it is overdue, but he/she still has not been resolved?

Answer:

According to the provisions of Article 102 of Law on Social Insurance 2014, Clause 2, Article 14 of Circular 59/2015/TT-BLDTBXH,2. The employees shall submit their prescribed dossiers to the employers but not later than 45 days after returning to work.

Where the employees terminate their labor contract, work contract or resign before the time of birth giving, child receipt, child adoption, they should submit their dossier and present their social insurance book to the social insurance body of their residence.

According to the provisions of Clause 4, Article 5 of the process of settlement of social insurance benefits and payment of social insurance and unemployment insurance benefits issued together with Decision 166/QD-BHXH dated January 31, 2019, the time limit for settlement and payment Maternity payment to employees is as follows:

- In case the employer requests: Up to 6 working days from the date of receipt of a complete application as prescribed.

- In case employees and employees' relatives submit dossiers directly to the social insurance agency: Maximum 3 working days from the date of receipt of complete dossiers as prescribed.

Thus, up to 16 days from the date of submitting the application for maternity benefits to the employer, the employee will be able to receive the maternity pay. If after this deadline, the employee still has not received the maternity pay, the employee should contact directly the employer or the social insurance agency where the application is submitted.

In case they have contacted these units but still have not been resolved, according to Article 119 of the Law on Social Insurance 2014, the employee can make the first complaint to the agency, the person who has made the decision or the person who has acted violations, ie complaints to the employer if the employer is wrong or the social insurance agency directly solves it if it is wrong by the social insurance agency.

In case the employee disagrees with the first-time complaint settlement decision or the complaint is not settled beyond the prescribed deadline, he/she has the right to initiate a lawsuit at the Court or lodge a complaint with the State management agency in charge of labor. provincial level, ie complaint to the Department of Labor, Invalids and Social Affairs.

If the employee still disagrees with the complaint settlement decision of the Department of Labor, War Invalids and Social Affairs, or beyond the prescribed deadline, the complaint is not resolved, he/she has the right to initiate a lawsuit at the Court.

*Consultant: Law Clerk