If a company that does not pay social insurance for employees for 02 months, can they apply for support under Resolution 68 in Vietnam?
In August-September 2021, the company allowed employees to take unpaid leave and did not pay social insurance for 2 months (those months still participated in social insurance normally). So, does my company meet the conditions to apply for support for employees under Resolution 68?
If a company that does not pay social insurance for employees for 02 months, can they apply for support under Resolution 68 in Vietnam? (Image from the Internet)
According to Decision 23/2021/QD-TTg (guiding Resolution No. 68/NQ-CP in 2021) regulates the policy of supporting workers who temporarily suspend the implementation of labor contracts, take unpaid leave, including the conditions for enjoying the policy as follows:
Employees that have worked for enterprises, cooperatives, public sector entities that cover their own recurrent expenditures or investment and recurrent expenditures, people-founded and private preschools, kindergartens, primary schools, junior high schools, high schools and vocational schools (enterprises, cooperatives, public sector entities, education institutions) that temporarily cease operations at the request of competent authorities for the prevention and control of the COVID-19 pandemic will be entitled to financial support if they meet all eligibility requirements below:
1. Their period of suspension of employment contracts or unpaid leave within the term of the employment contracts is from 15 consecutive days or more from May 1, 2021 to the end of December 31, 2021, with a start date of suspension of employment contracts or unpaid leave between May 1, 2021 and December 31, 2021.
2. They have contributed to compulsory social insurance up to the month preceding the time of suspension of employment contracts or unpaid leave.
Therefore, based on the above provisions, workers taking unpaid leave for 15 consecutive days from 1/5/2021 - 31/12/2021 and contributing fully to compulsory social insurance in the month immediately preceding the unpaid leave will receive support under Resolution No. 68.
In comparison, if a company allows workers to take unpaid leave in August-September 2021 but has fully paid social insurance contributions for the previous months (meaning paying in full for July - the month immediately preceding the leave), the company can prepare documents for workers to receive support.
**Regarding the documents the company needs to prepare:
- A copy of an agreement on suspension of employment contract or unpaid leave.
- A list of employees confirmed by the social security agency using the Form No. 05 in the Appendix hereto.
- A certified copy or a copy with original for comparison of one of the following: Proof of pregnancy; birth certificate or certificate of live birth of the child; adoption certificate; decision on raising and taking care of children of the competent authority issued to the entities prescribed in clause 2 Article 14 hereof.
Best regards!
