Company Does Not Return Social Insurance Book: What Should Employees Do?

Duy Thinh

08:54, 11/07/2024

The responsibility for returning the Social Insurance book to the employee belongs to the company. In cases where the company fails to return the Social Insurance book, the employee may take the following actions to ensure their rights are protected.

At Clause 5, Article 21 of the Social Insurance Law 2014, it is stipulated that the company has the responsibility to cooperate with the Social Insurance agency to return the social insurance book to the employee upon termination of the employment contract.

Additionally, according to Clause 2 and Clause 3, Article 47 of the Labor Code 2012, when an employee resigns, the employer is responsible for finalizing and returning the social insurance book to the employee within 07 working days, or at the latest, within 30 days from the date of termination of the labor contract. The return of the social insurance book must not affect the employee's entitlement to unemployment benefits as stipulated in Article 46 of the Employment Law 2013.

In the case of the company violating the aforementioned regulations, based on Article 118 of the Social Insurance Law 2014, the employee can file a complaint with the District Labor - War Invalids and Social Affairs Office for resolution.

Furthermore, the employee may also file a lawsuit with the Court regarding disputes on social insurance based on the provisions at Point d, Clause 1, Article 32 of the Civil Procedure Code 2015.

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