Notice on the time to submit application for maternity benefits
(Baonghean.vn) - The amended Social Insurance Law No. 58/2014/QH13 takes effect from January 1, 2016, including Article 102 regulating the time to resolve sickness and maternity benefits as follows:
Within 45 days from the date of returning to work, the employee is responsible for submitting the application to the employer and within 10 days from the date of receiving the complete application from the employee, the employer is responsible for preparing the application in accordance with the regulations and submitting it to the Social Insurance Agency. However, after a period of implementation, there have been many opinions from individuals and employers on this issue.
To answer the above questions about the deadline for submitting maternity benefits, Vietnam Social Security issued Document No. 1075/BHXH-CSXH dated March 29, 2016 to Social Security of provinces and centrally-run cities, Social Security of the Ministry of National Defense, and Social Security of the People's Public Security.
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The content of the dispatch clearly states: “According to the provisions of Clause 2, Article 14 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance, “Employees are responsible for submitting documents as prescribed to the employer but no later than 45 days from the date of returning to work”.
Thus, when the documents are fully prepared according to the law, the employee can immediately submit the documents to the employer without having to wait until the end of the maternity leave period. After receiving the complete documents from the employee, the employer can immediately submit them to the Social Insurance agency to promptly resolve the employee's benefits.
Nghe An Provincial Social Insurance informs individuals and employers to know and implement.
NGHE AN PROVINCE SOCIAL INSURANCE
