When an employee leaves the company, he still has not received the social insurance book. When it’s due again because of personal needs, I can’t pick it up. At this time, to ensure their interests, they can ask relatives and friends in the form of a written authorization to obtain a social insurance book or an authorization contract to obtain an insurance book.
1. Sample of authorization letter to get social insurance book:
Download: Authorization letter to get social insurance book
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
AUTHORITY FOR SOCIAL INSURANCE BOOK
Pursuant to the 2015 Civil Code;
Law on Social Insurance 2014
Today, day…month…year…at…
We include the following parties:
I. Authorizing Party:
First and last name:…
Date of birth:…
Identity card/citizen identification number:…
Date and place of issue:
Permanent address:…
Contact phone number:…
II. Litigant:
First and last name:…
Date of birth:…
Identity card/citizen identification number:…
Date and place of issue:…
Permanent address:…
Contact phone number:…
III. Copyright:
1. The authorizing party is Mr/Mrs…authorizing Mr/Ms…to get the social insurance book with the following information:
– Place to get the book: …
– Social insurance book bearing your name:…
– Some social insurance books:…
– Place of issue of social insurance book: …
– Date of issuance of social insurance book: …
2. Contact the social insurance agency to receive the regime:…
IV. Authorization term:…
V. Commitment to implementation
From the date this power of attorney is authenticated, the authorized party has full rights to obtain the social insurance book. The authorized party must properly perform the obligation to collect the social insurance book for the authorizing party at the agreed time and place and without taking any fees from the authorizing party.
The two parties commit to properly perform their obligations as committed in the power of attorney
If a dispute occurs, the two parties will resolve it by themselves on the basis of agreement and goodwill.
…day month Year…
Certification of the Commune People’s Committee Authorizing party Authorized party
(Sign, write full name) (Sign, write full name) (Sign, write full name)
see more: What is authorization? Regulations on power of attorney, authorization contract?
2. Procedures for receiving a replacement social insurance book:
Documents to receive a replacement insurance book include:
– Identity papers of the authorized person: identity card or citizen’s identity card or valid passport, household registration book.
– Identity papers of the authorized person: identity card or citizen identification or valid passport, household registration
– Authorization letter to receive social insurance book
When going to the company to get the social insurance book, the authorized person must present his/her personal papers and a power of attorney authorized by the person holding the social insurance book to collect the book. When signing the recipient’s section, it is necessary to specify the representative and sign the full name.
see more: Sample authorization letter to make red book, apply for a certificate of land use right
3. Time limit for payment of insurance books to employees:
Question summary:
Hello lawyer, I have the following question, I hope you can help me. health condition I have applied for retirement before the age to submit to the company. In March 2020, the company gave me an assessment to lose 61% of my health. April 2020 the company terminated the labor contract with me. Up to now, in August 2020, the company has not closed all the insurance books, so I do not have a pension book, since the termination of the contract, I have not been entitled to any benefits. So now I want to ask for legal advice what should I do and how can I apply for early retirement? I sincerely thank!
Advisory lawyer:
Clause 5, Article 21 of the Law on Social Insurance 2014 provides:
“Article 21. Responsibilities of the employer
…
5. Cooperate with the social insurance agency in returning the social insurance book to the employee, certifying the time of social insurance payment when the employee terminates the labor contract, working contract or resigns under provisions of law.”
Article 43 of the Labor Code provides: “Within 7 days from the date of termination of the labor contract, the two parties are responsible for paying in full all amounts related to the interests of each party; In special cases, it may be extended but must not exceed 30 days”.
Therefore, if the employee quits his job, the employer is responsible for carrying out procedures to confirm the time of participation in unemployment insurance (close the social insurance book) and return the book to the employee. to complete the procedures for unemployment benefits according to the time prescribed by law.
In case the employer fails to return the social insurance book to the employee, which is contrary to the above regulations, he will be administratively sanctioned according to Point d Clause 4 Article 40 of Decree No. 28/2020/ND-CP:
“4. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon each employee, but not exceeding VND 75,000,000 for the employer who commits one of the following acts:
d) Failing to return social insurance books to employees as prescribed in Clause 5 Article 21 of the Law on Social Insurance.”
Therefore, if the employee has sufficient evidence to prove that the enterprise is irresponsible, deliberately delays the payment of the social insurance book or closes the social insurance book for the employee, the employee can do petition to court or denunciation to the Department of Labor, War Invalids and Social Affairs where the company is located for settlement.
see more: Lawyers advise on re-issuance of social insurance books online for free
4. Leaving but the company does not pay the social insurance book:
Question summary:
Please consult a lawyer for the following issues. Previously, I worked for a company with 100% Japanese capital for 10 years, because I was busy with family work, I applied for leave at the company. When I contacted the company to receive severance pay and insurance book, the company replied that because the company is suing me, the company did not pay. But so far it’s been more than 1 year, I’ve been waiting and haven’t seen any lawsuits. So, please let me know if the company is doing so legally or not? How long do I have to wait for this to be resolved? How long is the company entitled to keep my policy? Ask a lawyer for advice and guidance!
Advisory lawyer:
* The issue of severance allowance when the employee unilaterally terminates the labor contract:
According to the information you provided, you have worked for the company for 10 years, so it can be speculated that the employment contract between you and the company is an indefinite term contract. Pursuant to the provisions of Clause 3, Article 37 of the Labor Code 2019:
“3. An employee working under an indefinite term labor contract has the right to unilaterally terminate the labor contract, but must notify the employer at least 45 days in advance, except for the case specified in Article 156 of this Code.”
Since you did not specify whether you comply with the notice period or not, it can be divided into two cases as follows:
Case 1: Before leaving your job, if you have informed the company at least 45 days in advance, you will be paid a severance allowance according to the provisions of Article 48 of the Labor Code 2019:
– When the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 5, 6, 7, 9 and 10, Article 36 of this Code, the employer is responsible for paying the severance allowance. for employees who have worked regularly for full 12 months or more, each working year is entitled to a subsidy of half a month’s salary.
– Working time to calculate severance allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance according to the provisions of the Law on Insurance. social and working time has been paid severance allowance by the employer.
– The salary used to calculate severance allowance is the average salary according to the labor contract of the preceding 06 months before the employee quits his job.
Case 2: If you quit your job without notifying the company at least 45 days in advance, it is considered illegal unilateral termination of the contract and your obligations are specified in Article 43 of the Labor Code 2019 as follows:
– Not entitled to severance allowance and must compensate the employer for half a month’s salary according to the labor contract.
– If there is a violation of the regulations on the notice period, the employer must compensate the employer an amount corresponding to the employee’s salary in the days without prior notice.
– Training expenses must be refunded to the employer as prescribed in Article 62 of this Code.
* Obligation to return the social insurance book of the employer upon termination of the labor contract:
According to the provisions of Article 47 of the Labor Code 2019 on the responsibilities of the employer when terminating the contract:
“3. The employer is responsible for completing the procedures for confirmation and returning the employee’s social insurance book and other papers that the employer has kept from the employee…”
Therefore, it is not legal for the company to keep your social insurance book for more than 1 year. The company is only entitled to keep your social insurance book for a period of time 07 working days from the date of termination of the labor contract, and in special cases, it must not exceed 30 days. Therefore, to reclaim your social insurance book as well as claim other legitimate benefits, you can file a complaint with the company’s Board of Directors to request settlement. In case it cannot be resolved, you have the right to send an application to the Department of Labor, War Invalids and Social Affairs where the company is headquartered or file a lawsuit to the People’s Court to request settlement.
see more: The latest form of director authorization letter for deputy director, chief accountant 2022
5. How do I get a social insurance book after I quit my job?
Question summary:
Previously, I worked at the 1st Company, then quit, but I did not take the Social Insurance book to pay into the 2nd Company. But every month, the 2nd Company still deducts Social Insurance. Currently, I have quit my job at the 2nd company. So let me ask you, which company will I get the Social Insurance book from now? Thank you Lawyer!
Advisory lawyer:
– Clauses 2 and 3, Article 47 of the Labor Code 2019 stipulates the responsibility of the employer when terminating the labor contract. then within 07 working days from the date of termination of the labor contract, the employee and the employer are responsible for paying in full all amounts related to the interests of each party; In special cases, it can be extended but not more than 30 days.
At the same time, the employer is responsible for completing the confirmation and returning the social insurance book and other documents that the employer has kept from the employee.
So, In your case when terminating the labor contract with the company, the company will be responsible for completing the confirmation procedure and returning the social insurance book to you. You work at the old company but have not yet obtained the social insurance book, you should contact the company again to get the social insurance book. And for the new company that did not pay social insurance for you according to the book paid at the old company, after terminating the labor contract with the new company, the new company will complete the confirmation and return procedures. social insurance book for you. Then bring these 02 social insurance books to carry out the procedures for merging the books and enjoying social insurance.
– In Clause 1, Article 27 of Decision 595/QD-BHXH promulgating regulations on management of collection of social insurance, health insurance and unemployment insurance; management of social insurance books and health insurance cards, the composition of dossiers to be combined with books is as follows:
+ Declaration of supply and change of information of participants of social insurance and health insurance (Form TK1-TS);
+ The issued social insurance book.
Number of dossiers: 01 set to be submitted to the social insurance agency where you are residing for settlement.
Chuyên mục: Biễu mẫu
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