Decision to sue businesses with outstanding social insurance debts

The inspection results show that there are still many shortcomings and limitations in the implementation of the law on social insurance in enterprises. The Hanoi City Labor Federation is actively coordinating with relevant sectors to implement the work of initiating lawsuits on social insurance disputes according to the provisions of the Civil Procedure Code and the Law on Social Insurance to protect the rights of employees.

» List of units with social insurance debt in the province

* Difficult but determined

Vice President of the Hanoi Labor Federation Le Dinh Hung said that filing a lawsuit is a new and important task of the trade union organization today. Despite many initial difficulties, with the motto of protecting workers by all means, the capital's trade unions at all levels still strive to implement many measures to effectively carry out this task.

In the immediate future, the City Labor Federation will assign 6 grassroots trade union units directly above the grassroots level to complete the procedures for suing 7 enterprises with outstanding social insurance debts; at the same time, it requires the Labor Federations of the districts selected to pilot the lawsuit and participate in the litigation (including Hoan Kiem, Ha Dong, Nam Tu Liem, Hoang Mai, Ba Dinh, Dong Da) to urgently report to the Party Committees and authorities at the same level to implement the lawsuit.

According to the direction of the City Labor Federation, the units implementing the pilot lawsuit must proactively coordinate with the People's Court, District Social Insurance, and Hanoi Trade Union Legal Consulting Center to receive professional support and information; prepare to complete the lawsuit files in November 2016, and submit the application to the Court in December 2016.

“All beginnings are difficult, but that doesn’t mean we don’t do it. Filing a lawsuit is both a function of the union and a political duty to protect the working class and workers,” Vice Chairman Le Dinh Hung emphasized.

* More than 31 thousand businesses owe social insurance

Currently, the whole city of Hanoi has about 195,000 enterprises (including 26 state-owned enterprises, 5,500 foreign-invested enterprises, 189,478 other enterprises), 1,796 cooperatives and people's credit funds; 2,623 administrative and public service units.

It is worth noting that the number of enterprises with outstanding social insurance debts and evasion of social insurance payments remains high and is on the rise, affecting the rights and lives of workers and civil servants. According to Deputy Director of the Hanoi Department of Labor, War Invalids and Social Affairs Nguyen Quoc Khanh, up to this point, there are 31,428 enterprises in the city that are late in paying social insurance with a debt of over VND2,000 billion.

According to Chairwoman of the Hanoi City Labor Federation Nguyen Thi Tuyen, although the situation of social insurance arrears is happening seriously in enterprises, causing frustration for employees, the Law on Social Insurance and related legal regulations do not have any regulations guiding the settlement of social insurance regimes for employees when employers still owe social insurance.

In particular, the inspection of handling violations or the enforcement process and procedures when enterprises do not comply with decisions on administrative sanctions (even when there is a decision to enforce the judgment is very difficult), leading to a state of lawlessness.

From the above difficulties and shortcomings, the Hanoi Labor Federation recommends that the City People's Committee provide solutions to further increase the rate of enterprises and the number of employees participating in compulsory social insurance. At the same time, the State needs to have regulations and guidelines for resolving social insurance benefits for employees when enterprises have outstanding debts. Along with that, the authorities need to resolutely punish enterprises that deliberately violate the law on social insurance, and criminally prosecute some enterprises that deliberately owe social insurance for many years with large amounts of money, to create deterrence, thereby better protecting the rights of employees.

According to Minh Nghia/baotintuc