The employee is responsible for returning the social insurance book to the employee when the two parties terminate the labor contract. However, in fact, there are some cases where the employer does not return the social insurance book to the employee. So, in this case, what do workers need to do? Lawyers please share in the article below.
First, what are the employers’ responsibilities when terminating the labor contract?
Clause 2, Article 47 of the 2012 Labor Code stipulates that employers are responsible for completing the procedures for certifying and returning social insurance books and other papers that employers have withheld from their employees. Therefore, when the labor contract terminates, in any case, the enterprise does not close and return the insurance book to the employee is completely against the law.
In addition, based on Clause 5, Article 21 of the Law on Social Insurance 2014, the employer is responsible for coordinating with the social insurance agency to return the social insurance book to the employee, confirming the time of social insurance premium payment when the employee points termination of labor contracts, employment contracts or termination in accordance with law.
Thus, the employer does not return social insurance books to employees is completely contrary to the provisions of law.
Second, what does an employee need to do when the employer fails to return the social insurance book?
Option 1: Make a complaint to the competent authority.
Pursuant to Article 15 of Decree 24/2018 / ND-CP:
When terminating the labor contract, the enterprise employment contract does not perform the closing and returning of insurance book to the employee, the employee may send a first complaint to the director of the enterprise for settlement. .
If after 07 working days from the date of receipt of the complaint, the enterprise does not resolve the complaint or the resolution but the employee disagrees with the first complaint settlement decision, the employee may submit a complaint. second visit to the Chief Inspector of Department of Labor – Invalids and Social Affairs, where the employer is headquartered.
Option 2: The employee files the petition directly with the court
Pursuant to Article 32 of the 2015 Civil Procedure Code regarding jurisdiction of the Court:
“Article 32. Labor disputes falling under the jurisdiction of the Court
Individual labor disputes between an employee and the employer must go through the conciliation procedure of a labor conciliator but the conciliation is successful but the parties fail to perform or perform improperly, the conciliation fails or do not mediate within the time limit prescribed by law, except for the following labor disputes, which are not required to go through mediation procedures:
d) Regarding social insurance in accordance with the law on social insurance, health insurance in accordance with the law on health insurance and unemployment insurance in accordance with the law on employment. , on labor accident and occupational disease insurance in accordance with the law on occupational safety and sanitation; […] ”
Thus, the employee can directly take a lawsuit to the district court where the enterprise is headquartered to request handling in accordance with the law to reclaim his / her rights when the employee determines that no can make a complaint about the circumstances and nature of not paying insurance books.
Above is the advice of the Lawyer on the case that the employer does not return the social insurance book to the employee. Please call us at hotline 0982.466.166 for detailed advice.