Coordination in Guiding the Implementation of Lawsuits Against Violations of Social Insurance Laws Affecting the Legitimate Rights and Interests of Employees
Coordination in guiding the implementation of lawsuits against violations of social insurance laws affecting the legitimate rights and interests of employees?
Article 9 of Regulation 2339/QCPH-TLD-BHXH 2023 stipulates the coordination in implementing lawsuits against violations of social insurance laws as follows:
- The General Confederation is responsible for issuing guidelines for trade unions at all levels to exercise the right to sue in court for violations of social insurance laws affecting the legitimate rights and interests of employees and collectives of employees.
- Vietnam Social Security is responsible for directing social insurance agencies at all levels to provide information, documents, evidence, and cooperate with the same-level Trade Union in litigation for violations of social insurance laws when requested by the trade union.
* Information preparation for litigation and supplementary information during the litigation process:
- Information provided by the social insurance sector:
+ List of units with delayed social insurance payments to be sued (including: amount due, delayed amount, time of delay, interest on delayed social insurance payments).
+ File determining the delay in payment according to Vietnam Social Security regulations on social insurance, unemployment insurance, health insurance collection management; management of social insurance books, health insurance cards, including originals of the following documents:
++ Notice of results of social insurance, unemployment insurance, health insurance contributions;++ Inspection minutes (if any).- Updated data until the month before the submission date of the lawsuit to the court on the delay status and the application of other handling measures to the employing units that the trade union has notified the social insurance agency about before the lawsuit.
- List of employing units where the social insurance agency has applied administrative sanction measures (if any).
- Other information of employing units and employees managed by the social insurance agency to serve the lawsuit or as required by the Court (if any). In cases where documents determining delays in payment are amended, supplemented, or replaced, the new regulations will apply.
- Information provided by the Trade Union organization:
+ List of employing units preparing to sue for the social insurance agency to inspect, compare, and update the delay status and the application of other handling measures to the employing units.
- Litigation result information:
Trade unions at all levels notify the social insurance agencies at the same level about the litigation status and results against employing units with delayed social insurance payments in the locality.
Coordination in guiding the implementation of lawsuits against violations of social insurance laws affecting the legitimate rights and interests of employees? (Image from the Internet)
What responsibilities does Vietnam Social Security have in cooperating with the General Confederation of Labor in social insurance inspections?
According to Regulation 2339/QCPH-TLD-BHXH 2023, Vietnam Social Security is responsible for notifying the General Confederation about the plan and results of organizing specialized inspections of social insurance, unemployment insurance, and health insurance as prescribed by law.
In addition, the General Confederation is responsible for directing trade unions at all levels to coordinate and provide information and documents related to implementing social insurance, unemployment insurance, and health insurance laws of the inspected unit for the Vietnam Social Security inspection team according to legal regulations.
Based on the nature and requirements of the case, the General Confederation assigns personnel to participate in the specialized inspection team at the request of Vietnam Social Security.
How is the coordination in directing and organizing the implementation of policies, social insurance policies to protect the rights and interests of employees carried out?
Article 5 of Regulation 2339/QCPH-TLD-BHXH 2023 on coordination in directing and organizing the implementation of policies and social insurance policies to protect the rights and interests of employees is carried out as follows:
- Vietnam Social Security is responsible for managing and directing provincial social insurance agencies to implement mandatory social insurance policies, voluntary social insurance, and health insurance; organizing the collection and disbursement of unemployment insurance policies; managing and using the funds: social insurance, unemployment insurance, and health insurance according to legal regulations, ensuring the legitimate rights and interests of employees.
- The General Confederation is responsible for directing affiliated units, Central Industry Trade Unions, and provincial Labor Confederations to closely monitor the implementation of the Social Insurance Law, Health Insurance Law, Employment Law, and the resolution of social insurance, unemployment insurance, and health insurance policies for employees, ensuring the legitimate rights and interests of employees at agencies, units, and enterprises; especially enterprises at risk of dissolution, bankruptcy, and employers absconding;
Directing provincial Labor Confederations to represent employees at units without employers (units bankrupt, employers absconding...) to file requests for sickness and maternity benefits with the social insurance agency for resolution; directing grassroots trade unions to pay attention and compile recommendations and reflections of employees on difficulties and obstacles in implementing the Social Insurance Law, Health Insurance Law, and Employment Law to promptly make recommendations to competent authorities for amendments and supplements.
- Vietnam Social Security and the General Confederation are responsible for coordinating in researching organizational implementation methods, continuously innovating, and reforming administrative procedures towards simplicity and convenience in implementing social insurance, unemployment insurance, and health insurance policies to facilitate employees.
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