When employers fail to update workers’ social insurance records, hindering access to social insurance benefits, employees must take proactive measures to protect their rights.
According to Article 48, Clause 3 of the 2019 Labor Code, upon termination of a labor contract, the employer is responsible for completing procedures to confirm the duration of social insurance contributions, unemployment insurance, and returning the original documents held for the employee.
Based on Article 12, Clause 2 of Decree 12/2022/ND-CP, employers failing to fulfill these procedures will be fined between 1 to 20 million VND for each worker being violated.
Employers are also obliged to complete the confirmation procedures and return the documents held for the employees. To avoid fines, businesses need to coordinate with the social insurance agency to update workers’ social insurance records, confirm the duration of social insurance contributions when the employment contract is terminated, or when the worker stops working according to legal regulations stipulated in Article 21, Clause 5 of the 2014 Social Insurance Law.
Protection Methods for Labor Rights When Vietnamese Employers Do Not Update Social Insurance Records
Employees cannot update their social insurance records independently without the cooperation of their employers. In cases where businesses go bankrupt or intentionally complicate matters for their employees, workers suffer significant material and emotional losses.
Waiting for the company to be prosecuted and fined for these violations leads to irreparable damages for employees. Instead, as soon as signs of these violations by the employer emerge, employees should contact the company’s management to demonstrate that they have taken necessary steps to resolve the issue in good faith.
If the employer still does not resolve the matter, employees should file a complaint with the Department of Labor – Invalids and Social Affairs where the company’s main office is located, or file a lawsuit with the People’s Court regarding the employer’s violations.
Upon receiving this information, the Department of Labor – Invalids and Social Affairs will verify the case and contact the social insurance agency to update the social insurance records for the employees.
In cases where the former company has gone bankrupt but still owes social insurance contributions, the social insurance agency will handle the situation according to Decision 505/2020/QD-BHXH, resolving social insurance benefits such as unemployment insurance, occupational accidents and diseases insurance, and lump-sum social insurance payment until the time the company ceases social insurance contributions.
In the future, if the company pays the outstanding contributions or uses other methods to make supplementary payments for the missing period, the social insurance agency will confirm these additional contributions in the social insurance records.