Does the Company have the Right to Retain the Social Insurance Book when an Employee Resigns?

18:26, 10/07/2024

This is a matter many workers are extremely concerned about. Is the company entitled to retain their insurance books when an employee leaves? If the company keeps the social insurance book without returning it to the employee, is it a violation?

Does the company have the right to keep the Social Insurance Book when the employee leaves?

According to Article 47 of the Labor Code 2012, when terminating a labor contract, the employer has the following responsibilities:

1. At least 15 days before the expiration date of a fixed-term labor contract, the employer must notify the employee in writing of the time of termination of the labor contract.2. Within 07 working days from the date of termination of the labor contract, both parties are responsible for fully settling all amounts related to the rights of each party; in special cases, this period can be extended but not exceed 30 days.3. The employer is responsible for completing the procedures for confirming and returning the social insurance book and other documents that the employer has kept from the employee.4. In case the enterprise or cooperative terminates its operation, dissolves, or goes bankrupt, the wages, severance allowance, social insurance, medical insurance, unemployment insurance, and other benefits of employees under the collective labor agreement and signed labor contract are prioritized for payment.

Thus, according to Clause 3, Article 47 of the Labor Code 2012, completing the procedures for confirming and returning the social insurance book to the employee when the employee quits is the responsibility of the employer.

Additionally, according to Clause 5 of the Social Insurance Law 2014, one of the responsibilities of the employer is to cooperate with the social insurance agency to return the social insurance book to the employee, confirming the period of social insurance contribution when the employee terminates the labor contract, employment contract, or resigns according to legal regulations.

Article 21. Responsibilities of the employer...5. Cooperate with the social insurance agency to return the social insurance book to the employee, confirming the period of social insurance contribution when the employee terminates the labor contract, employment contract, or resigns according to legal regulations....

The employer must return the social insurance book to the employee within 07 working days; in special cases, this period can be extended but not exceed 30 days from the date of termination of the labor contract. If the company continues to keep the social insurance book of the employee and does not return it after terminating the labor contract, this constitutes a violation of labor law. In such a case, the employee has the right to file a lawsuit with the court where the company’s head office is located to request the court to resolve the issue and compel the company to fulfill its obligations upon termination of the labor contract.

According to Clause 2, Article 202 of the Labor Code 2012, the statute of limitations for an employee to request the court to resolve an individual labor dispute is 1 year from the date the employee discovers the act that they believe infringes upon their legal rights and interests.

- Nguyen Trinh -

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- The legal regulations in this article are according to Vietnamese Law;
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