Right to complain about businesses that owe social insurance
The Labor Relations Department of the Vietnam General Confederation of Labor has just answered questions from union members about measures to handle employers who delay paying social insurance and health insurance.
Pursuant to Clause 1, Article 2 of the Law on Social Insurance 2014, employees (NLĐ) are Vietnamese citizens who are subject to compulsory social insurance, including: a. People working under indefinite-term labor contracts (HLĐ), fixed-term labor contracts, seasonal labor contracts or labor contracts for a certain job with a term of 3 months or more, including labor contracts signed between employers and legal representatives of people under 15 years old according to the provisions of the law on labor; people working under labor contracts with a term of 1 month or less than 3 months.
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If the company is found not participating in social insurance, health insurance, and unemployment insurance, employees can file a complaint with the grassroots trade union organization to protect their legitimate rights.
If the enterprise still delays in participating in social insurance, health insurance, and unemployment insurance within 30 days, the employee shall submit a complaint to the Inspectorate of the Department of Labor, War Invalids and Social Affairs for handling and settlement according to the provisions of Decree No. 119/2014/ND-CP dated December 17, 2014 of the Government detailing a number of articles of the Labor Code, the Law on Vocational Training, and the Law on Vietnamese Employees Working Abroad under Contract regarding complaints and denunciations.
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