Dismissed Employees: Are They Eligible to Close Social Insurance Books?

According to Clause 8, Article 34 of the 2019 Labor Code, an employee subjected to disciplinary dismissal falls under one of the cases of labor contract termination.

And under Article 48 of this Code, the responsibilities upon termination of a labor contract must be performed as follows:

- Within 14 working days from the date of termination of the labor contract, both parties are responsible for fully settling amounts related to each party's benefits.

- Wages, social insurance, health insurance, unemployment insurance, severance allowance, and other benefits of the employee under the collective labor agreement and labor contract are prioritized for payment in cases where the enterprise or cooperative terminates its operations, is dissolved, or goes bankrupt.

- The employer has the following responsibilities:

+ Completing procedures to confirm periods of social insurance and unemployment insurance contributions and returning them along with original documents if the employer has retained any of the employee's documents;

+ Providing copies of documents related to the employee's work process if the employee requests them. The cost of copying and sending the documents is borne by the employer.

Hence, dismissal is a case of labor contract termination. Therefore, the employer still has the responsibility to complete procedures confirming periods of social insurance and unemployment insurance contributions for your friend. As such, your friend's company will still finalize the social insurance book.

Respectfully!