The company owes social insurance money, can the employee withdraw social insurance at once?
(Baonghean.vn) - I have worked for the company for 8 years, but have only paid social insurance for 5 years. I am preparing to move abroad to settle down. Currently, the company has stopped operating and still owes social insurance money. Can I withdraw my social insurance at once?
Reply:
- Point b, Clause 1, Article 60, LawSocial insurance2014 regulations on cases eligible for one-time social insurance benefits are as follows:
Employees specified in Clause 1, Article 2 of this Law who have a request shall be entitled to one-time social insurance benefits if they fall into one of the following cases:
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| People come to do procedures at the one-stop department of the Social Insurance Department of Nam Dan district. Photo: Dinh Tuyen |
a) Going abroad to settle down
- Point a, d, Section 2.2 of Official Dispatch No. 2802/BHXH-CSXH on the implementation of social insurance regime for employees at bankrupt employers who still owe social insurance contributions stipulates the settlement of one-time social insurance benefits as follows:
b) For beneficiaries according to regulationsat Point b, c, Clause 1, Article 60, Law on Social Insurance 2014: Settling one-time social insurance benefits for the period of social insurance payment (not including the period of outstanding social insurance payment). When the social insurance participation period is fully paid and the employee has a request, the one-time supplementary social insurance benefits will be settled. The settlement of one-time supplementary social insurance benefits when the periodparticipate in social insuranceFully paid in accordance with the instructions in Point d of this Clause.
c) When the social insurance participation period is supplementedIf the amount is sufficient, the Social Insurance agency will record and reserve the entire period of additional Social Insurance payment. In case the employee continues to wish to receive one-time Social Insurance, the Social Insurance agency will calculate the previously settled period with the additional payment period to re-determine the new benefit level according to the provisions of Article 63, Social Insurance Law 2014 on salary adjustment at the time of settlement of adjustment and deduct the recalculated benefit level corresponding to the calculated benefit period including the rounded time (if any) to make additional payment to the employee.
Thus, you will be entitled to a one-time social insurance payment for the period of social insurance payment. The period of social insurance payment not yet paid, if paid additionally, will be reserved and the additional payment will be settled according to the provisions quoted above.
LEGAL POLICY DEPARTMENT -
LABOR RELATIONS OF NGHE AN PROVINCE LABOR FEDERATION
(Tel: 09 1974 2006; 0375 037 037)
