After leaving the job, employees need to withdraw their social insurance books (social insurance) at the old company to ensure their interests later at the new company. and question whether the company has the right to keep the employee’s social insurance book? If the company keeps the social insurance book, what do the employees need to do to get the social insurance book to protect their legitimate rights and interests? Let’s find out with Lawyer X about the issue through the following article:
Legal grounds:
Law on Social Insurance 2014
Why should I get my social insurance book back after I quit my job?
Each individual participating in the social insurance system is issued a social insurance book. Each person has only 1 unique social insurance book code corresponding to 1 social insurance book (also an identifier) during his or her participation in social insurance.
After leaving your old company, you need to get a social insurance book to protect your rights. Reason by:
▪ According to Article 96 of the 2014 Law on Social Insurance, it is clear that: “The social insurance book is issued to each employee to monitor the payment and enjoyment of social insurance benefits, which is the basis for settling social insurance benefits according to the provisions of the Law on Social Insurance. This law.” Important information including the full name of the participant, number of ID card/ CCCD/ passport, time of payment of social insurance, etc. recorded in the book will be the basis for the social insurance agency to compare and settle benefits according to the provisions of the Law. Social insurance.
▪ Social insurance book is an important document in many administrative documents and procedures.
▪ Convenient when joining a new company and minimizing unfortunate risks when participating in social insurance.
How to get your social insurance book back after quitting your job?
For businesses still in operation
In case the employer is still in operation, the employee should do the following:
Step 1: The employee requests to close the social insurance book
▪ Before resigning, the employee should request the Human Resources/Accounting Department to complete the missing payments and prepare the procedures for closing the social insurance book. Should notify them 1 month in advance from the time the employee quits.
Step 2: Wait for the employer to close the social insurance book
▪ When the employee quits (terminates the labor contract), within 7 working days, the employer is responsible for submitting the dossier to the social insurance agency (within 30 days at the latest). Employers should note the following regulations before reporting a reduction in labor and closing the book for employees:
▪ If the enterprise reports a decrease and reports closing the book later than the actual time off, the interest will be collected on loan interest for late filing according to the law of Social Insurance.
▪ If the employee reports the reduction and closes the book at the same time, the functional unit only needs to submit these two types of documents once. The social insurance agency will handle it if the application is valid and the entire payment has been made for the employee’s social insurance premiums.
▪ Employees will get their social insurance books back after they quit their jobs.
Step 3: Get the social insurance book back to the old unit
▪ The employee goes to the old unit/enterprise to get the social insurance book. Time will be mutually agreed upon by both parties. When is scheduled to return the social insurance book, the employee needs to come to pick up the book on time, it should not be long. This is a very important document so that employees can continue to participate in social insurance at the new unit or make a timely application for unemployment insurance.
For businesses that have gone bankrupt
In case the unit/enterprise is no longer operating and declares bankruptcy without closing the social insurance book for the employee, to get the social insurance book, the employee needs to follow the following procedures:
▪ Step 1: Prepare full identification documents (ID card/ CCCD card/ Valid passport, etc.) to prove identity.
▪ Step 2: Go to the social insurance agency where the social insurance book is managed, and request confirmation of the time limit for payment of social insurance premium to the time the unit/enterprise is closed.
Note:
▪ In case the unit/enterprise has not fully paid, the social insurance book shall be certified by the time of payment of social insurance, unemployment insurance, occupational accident, and occupational disease insurance.
▪ After recovering the amount owed by the unit/enterprise, additionally certify it on the social insurance book.
The districts of big cities such as Hanoi, and Ho Chi Minh, … all have their social insurance agencies. This will be very convenient for units/enterprises and employees when dealing with issues related to social insurance.
Cases of re-issuance of social insurance books
According to Clause 2, Article 46 of Decision 595/QD- Social Insurance:
“Article 46. Issuance and management of social insurance books
2. Re-issuance of social insurance books
2.1. Re-issuance of social insurance books (cover and separate sheets) in the following cases: lost, damaged; merge; change book number; full name, middle name; date of birth; people who have enjoyed one-time social insurance and have not yet enjoyed the time of payment of unemployment insurance.
2.2. Re-issue of a cover of social insurance book in cases: wrong gender, nationality.
2.3. Re-issue separate sheet of social insurance book in the following cases: lost, damaged”.
According to the above provisions, social insurance books are re-issued in case of loss or damage; merged; change book number; full name, middle name; date of birth; people who have enjoyed one-time social insurance and have not yet enjoyed the time of payment of unemployment insurance. Therefore, when your social insurance book has incorrect information, you will be re-issued the social insurance book (cover and separate sheet).
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Frequently asked questions
Declaration of participation and adjustment of information on social insurance and health insurance (Form TK1-TS);
An application for re-issuance of the employee’s social insurance book.
Some other personal documents (ID card, identity card, …)
Faced with this situation. Employees can completely choose from the following solutions:
1. The employee complains to the employer about the act of not closing the social insurance book.
2. Employee File a lawsuit in court.
When completing the application for re-issuance of the social insurance book, you apply to the social insurance agency. The social insurance agency here can be the agency where you are paying or where you last paid before stopping payment.
After checking and comparing, if valid, the social insurance agency will re-issue the social insurance book within the prescribed time limit.
Normal case: No more than 10 days from the date of receiving the complete dossier as prescribed.
Special cases: If it is necessary to verify the payment process of social insurance in another province or many other units, the time must not exceed 45 days and a written notice must be given to the employee.
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