Social insurance disputes are conflicts and contradictions between parties involved in social insurance relations. According to Article 3 of the Law on Social Insurance 2024, social insurance is a guarantee to replace or partially compensate employees' income when they are reduced or lose their ability to earn income due to illness, maternity, work accidents, occupational diseases, retirement age or death. Social insurance includes compulsory social insurance, voluntary social insurance, unemployment insurance, health insurance, and social assistance.
SOCIAL INSURANCE DISPUTES: NOTES AND RESOLUTION PROCEDURES
1.1 Concept
Social insurance disputes are conflicts and contradictions between parties involved in social insurance relations. According to Article 3 of the Law on Social Insurance 2024, social insurance is a guarantee to replace or partially compensate employees' income when they are reduced or lose their ability to earn income due to illness, maternity, work accidents, occupational diseases, retirement age or death. Social insurance includes compulsory social insurance, voluntary social insurance, unemployment insurance, health insurance, and social assistance.
1.2 Characteristics
- Subjects of social insurance disputes: Including social insurance beneficiaries, social insurance participants (including employers), and agencies implementing social insurance regimes.
- Dispute content: Related to rights and obligations in social insurance relations, including issues of benefits such as calculating and implementing occupational accident and disease regimes, or implementing social insurance policies.
2.1 For Employers
- Legal Responsibility: Enterprises are obliged to fully pay social insurance for employees. Failure to pay or pay incorrectly can lead to complaints, denunciations, and lawsuits in court.
- Consequences: Enterprises are not only legally responsible and subject to penalties according to Decree 24/2018/ND-CP but also affect business reputation.
- Measures: To avoid disputes, employers need to comply with labor and social insurance laws, recruit competent human resources, and develop regulations for implementing social insurance obligations.
2.2 For Employees
- Periodic Monitoring: Employees should regularly monitor the social insurance payment process of the employer.
- Contact the competent authority: If there are signs of social insurance rights violations, employees should contact the insurance agency or the union to request support.
2.3 For the Trade Union
- Representative role: The union protects the rights of employees. In case of social insurance rights violations, the union can contact the employer to resolve the dispute.
- Lawsuit: If conciliation is unsuccessful, the employee can authorize the union to file a lawsuit in court.
- Negotiation: This is the first measure that is encouraged and respected. Negotiation allows the parties to resolve the dispute themselves by discussing and proposing solutions. The success of negotiation depends on the cooperative attitude of the parties.
- Mediation and Dialogue: If negotiations fail, the parties may proceed to mediation or dialogue. This may be more time-consuming and complicated but helps to find a consensus solution.
- Complaints and Litigation: For more complex disputes, complaints and litigation are the last resort. This process is often lengthy and requires legal procedures.
4.1 Filing a Lawsuit
- Filing a Lawsuit: The plaintiff prepares a petition with documents and evidence proving the rights that have been violated. The petition can be filed directly at the court, sent by post, or sent online via the court's electronic information portal (if available).
- Paying the Court Fee Advance: The plaintiff must pay the court fee advance, except in some cases such as those related to wages, severance pay, social insurance, or compensation for work accidents.
4.2 Trial Preparation
- Conciliation: During the preparation for the first instance trial, the court will organize a conciliation between the parties. If the conciliation is successful, the court will issue a decision recognizing the agreement of the parties. This decision takes legal effect immediately upon issuance and is not subject to appeal or protest.
- Trial Decision: If the conciliation is unsuccessful, the court will bring the case to trial at first instance. The preparation time for the first instance trial is 02 months from the date of acceptance of the case, which can be extended by 01 month in complicated cases.
4.3 Attending the Trial
- Opening the Trial: The first instance trial is opened within 01 month from the date of the decision to bring the case to trial at first instance. In case of legitimate reasons, the time limit can be extended by 01 month.
- Attending the Trial: The parties attend the trial to present their views, evidence and prove their legitimate rights.
4.4 Appeal and Enforcement
- Appeal: The time limit for appealing the judgment at first instance is 15 days from the date of judgment. After this time limit, the judgment becomes effective and the parties are obliged to enforce it.
- Enforcement: The parties perform their obligations under the court judgment. If they do not enforce, they may be subject to coercive measures as prescribed by law.
5.1 What are the common problems in social insurance disputes?
Common problems in social insurance disputes include: not paying or not paying enough social insurance, late payment of insurance, disputes over the amount of benefits, not implementing the occupational accident or disease regime as prescribed.
5.2 What should I do if the company does not pay social insurance for me?
If the company does not pay social insurance, you can ask the company to resolve it or contact the local social insurance agency for support. You also have the right to sue the company in court if necessary.
5.3 What is the role of the trade union in resolving social insurance disputes?
The trade union protects the rights of employees and can support the resolution of social insurance disputes by conciliation and negotiation with the employer. If conciliation is unsuccessful, the trade union can represent the employee in filing a lawsuit in court.
5.4 When can I file a lawsuit in court regarding a social insurance dispute?
You can file a lawsuit in court if the dispute is not resolved through conciliation or other measures, or if your social insurance rights are seriously violated and not properly resolved.
5.5 How long does it take to resolve a social insurance dispute in court?
The time to resolve social insurance disputes at court includes the time to prepare for the first instance trial (02 months, which can be extended by 01 month) and the time to open the first instance trial (01 month, which can be extended by 01 month). The total time may be extended depending on the complexity of the case and other legitimate reasons.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
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