📋 Tender Overview
Mr. Nguyen Van Ngoc (Hanoi) will work at a joint stock company from May 2022 to September 2023. The company pays social insurance for employees until September 2022. From then until September 2023, the company did not fulfill its obligation to pay social insurance even though it deducted the percentage of employees participating in social insurance. In April 2023, the district social insurance asked Mr. Ngocs company to complete its obligation to ensure workers rights, but the company did not fulfill its obligation. From February to September 2023, the company continued to owe salaries. Mr. Ngoc contacted the company many times, requested to pay the salary and close the social insurance book, but it was not resolved. Mr. Ngoc asked, can he close the social insurance book until the time the company has paid social insurance? Regarding this issue, Vietnam Social Insurance responded as follows: Clause 3, Clause 4, Article 13 of the Law on Social Insurance No. stipulates the responsibilities of users. labor as follows: 3. Coordinate with the social insurance agency in determining receive social insurance payment period when the employee terminates the labor contract, employment contract or resigns according to the provisions of law.4. Pay compulsory social insurance for employees according to the provisions of Article 34 of this Law and monthly deduct the amount of compulsory social insurance payment according to the provisions of Article 33 of this Law from the employees salary to pay at the same time to the social insurance fund. Accordingly, Mr. Ngocs company is obliged to pay full social insurance for employees. monthly and coordinate with the social insurance agency to carry out procedures to confirm the time of social insurance payment when the employee quits his job. Pursuant to the instructions in point 1.2, clause 1, Article 46 of Consolidated Document No. 2525/VBHN-BHXH dated August 15, 2023 as follows: For units that are late in paying social insurance, unemployment insurance, occupational accident and occupational disease insurance, if the employee is eligible In case of receiving social insurance or terminating the labor contract or employment contract, the unit is responsible for fully paying social insurance, unemployment insurance, labor accident insurance, On occupational diseases, including late payment interest according to regulations, the social insurance agency confirms the social insurance book to promptly resolve social insurance and unemployment insurance benefits for employees. In case the unit has not paid in full, the social insurance book will be confirmed up to the time when social insurance, unemployment insurance, occupational accident insurance and occupational disease have been paid. After recovering the amount of late payment from the unit, it will be confirmed additionally on the social insurance book. Accordingly, he requested the company to coordinate with the social insurance agency to confirm the social insurance book for him until the time the company pays. money. After the company has fully paid social insurance by the time you quit your job, please confirm the additional time of missing social insurance payment.Chinhphu.vn
