The obligation to pay social insurance premiums is compulsory for the employer. However, in reality, many businesses do not pay or pay the wrong amount of social insurance for their employees, making social insurance disputes happen more and more complicatedly. What are the notes for the parties when a social insurance dispute occurs? Let’s clarify with TNTP with the topic: Social Insurance Disputes, any notes for the parties?
1. Overview of Social Insurance Disputes
The concept of Social Insurance Disputes
Social Insurance Disputes are conflicts, contradictions, disagreements between subjects in the social insurance relationship.
According to Clause 1, Article 3 of the Law on Social Insurance 2014: Social insurance “means the guarantee to fully or partially offset an employee’s income that is reduced or lost due to his/her sickness, maternity, labor accident, occupational disease, retirement or death, on the basis of his/her contributions to the social insurance fund.”. There are two types of social insurance: compulsory social insurance and voluntary social insurance. From an economic and social perspective, the term social insurance also includes unemployment insurance, health insurance, social relief,…
Features of social insurance disputes
- Subjects of social insurance disputes: Firstly, the subject entitled to the social insurance regime needs to meet the conditions and follow the correct procedures to enjoy the social insurance benefits. Second, the subjects participating in social insurance, including those who participate in social insurance but do not receive direct benefits (e.g. Employers). Third, the subject implements the social insurance regime.
- The content of the social insurance dispute is issues related to the rights and obligations of the subjects in the social insurance relationship. Social insurance benefits are specific and directly related material benefits (g. disputes in calculation, implementation of occupational accident and occupational disease regimes). In addition, there may be disputes over the implementation of social insurance policies and guidelines.
2. Notes when settling social insurance disputes
2.1 For Employers
- Enterprise’s breach of the obligation to pay insurance premiums, failure to pay or improper payment of social insurance premiums for employees is the cause of disputes, leading to employees’ complaints, denunciations and lawsuits in court judgment.
- In addition to being responsible before the law and being sanctioned according to Decree No. 24/2018/ND-CP stipulating the settlement of complaints and denunciations in the field of labor, vocational education, and employee recruitment activities. Vietnamese go to work abroad according to employment contracts, occupational safety and health and other legal regulations. Enterprises also have to bear the influence of business reputation and reputation in the labor market.
- Accordingly, in order to limit disputes over social insurance, the Employer should pay attention to strictly comply with the law on labor and social insurance, recruiting qualified human resources department in charge, develop regulations on performance of labor obligations and payment of social insurance premiums to inspect and supervise the human resources department.
2.2 For employees
- Employees should actively and regularly monitor the employer’s payment process of social insurance. In addition, employees contact insurance authorities or grassroots trade unions to request organizations to assist in monitoring the employer’s payment process of social insurance; and
- Employees who show signs of being infringed on their rights related to social insurance should contact the relevant authorities or other social support organizations to request assistance in dispute resolution.
2.3 For trade unions
Trade unions act as representatives and protect the interests of employees. In case, employees are infringed on their rights related to social insurance, the trade union can contact the grassroots trade union or the district to contact the employer to find out the cause, offer solutions to create consensus when solving the problem dispute. If the parties are unsuccessful in conciliation, the employee can authorize the union to sue the employer in court.
3. Social insurance dispute settlement method
When a social insurance dispute occurs, negotiation is an encouraged and valued measure. Negotiating is done by the parties themselves for all social insurance disputes. During the negotiation process, the parties explain their opinions on the causes leading to the dispute as well as ways to overcome the consequences. However, the success of the negotiation depends very much on the cooperative and constructive attitude between the two disputing parties.
When the negotiation method is unsuccessful, the conflict and the nature of the case is more complicated, the parties shall choose the next method, which is conciliation or dialogue, Complaints and Litigation. However, for these measures, the order and procedures are more time consuming and complicated.
Above is the article of TNTP on “Social insurance dispute, notes to the parties”. Hope the above article provides you with useful information for you.