Many workers are wondering if businesses owe them social insurance, so workers do not have health insurance, so can workers proactively buy health insurance?
Ms. Duong Thi Minh Chau - Head of the Department of Propaganda and Support for Participants (Hanoi City Social Insurance).
Previously, because the old Law did not clearly stipulate what constitutes "late payment" and "evasion of payment", although the Social Insurance agency had coordinated with the trade union to consider filing a lawsuit, it could not actually do so.
Now, the Social Insurance Law 2024 and Decree 274 have clearly stipulated this issue, so litigation of units with outstanding debts will be more feasible. However, litigation against enterprises that are still operating will need to be carefully considered to avoid affecting employees.
Regarding workers' concerns related to health insurance cards, when businesses owe social insurance and have not paid, workers are not granted health insurance cards. According to the Social Insurance Law, employees participate in order of priority, first of all in groups with labor contracts paid by employers. Therefore, if the enterprise has not paid, the employee cannot buy the health insurance card himself, unless they temporarily postpone the labor contract.
However, the Social Insurance Law also clearly stipulates the responsibility of employers: If you do not buy a card or do not pay health insurance to the employee, you must pay the entire cost of medical examination and treatment that the employee has paid, within 40 days from the date of the cost. Currently, along with the amended Law on Social Insurance and the amended Law on Employment, there is also a amended Law on Employment.
Regarding the issue of social insurance payment debts, the current law does not have regulations on "deposit suspension" as in the tax sector. For employees who have quit but have not yet closed their social insurance books, if the unit can pay additional contributions, the social insurance agency will separate the contributions for that person.
If it cannot be separated, the social insurance book will be closed until the unit has paid in full. When workers move to a new unit, the payment process will be connected, ensuring continuity. If the old unit later meets the pension benefits, the social insurance agency will still resolve the benefits, and when the old unit submits additional benefits, the pension will be adjusted.
The new Social Insurance Law also clearly stipulates: After 60 days from the deadline for payment, if the enterprise does not pay, the act of "delay payment" will be considered "payment evasion". At that time, the Social Insurance agency can transfer the file to the investigation agency for handling according to the Penal Code.
