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Employers’ delays in social insurance (BHXH) payments have not only violated the law but also directly jeopardized workers' welfare when they resign. To protect legitimate rights under the 2024 Social Insurance Law and the latest regulations, employees should understand the legal remedies when they have not received a full BHXH withdrawal certificate due to the employer’s late contributions. Workers suffer being left with nothing when employers delay BHXH contributions. Reality today: many employers owe BHXH and unemployment insurance (BHTN) for extended periods, causing employees, upon termination of their labor contracts, to be unable to finalize BHXH records for the period they participated. By regulation, employers must cooperate with the Social Insurance authorities to complete the closing procedure within 14 days from the employee's resignation. However, due to late payments, this process is stalled, and workers do not receive the withdrawal certificate confirming the entire participation. Problems when moving to a new unit When moving to a new company, workers continue to face legal difficulties. Usually, the new unit requires the BHXH book or BHXH code along with the closed period to report increased employment. If the old company fails to close, the BHXH, BHTN participation is interrupted. Solutions to protect workers’ rights In light of late payments by employers, existing law and the 2024 BHXH Law provide openings to protect employees: Closing BHXH up to the point the unit has paid in full: The Social Insurance agency will certify BHXH up to the point the enterprise has paid enough money into the BHXH and BHTN funds; late contributions will be recorded and supplemented after the unit remedies the consequences. After BHXH/BHTN closing is completed, the employee can apply for BHXH benefits when conditions are met. What workers should do to protect BHXH/BHYT/BHTN rights: Employees should submit a formal letter or directly request the former employer to reduce employment and file with the Social Insurance Agency to close BHXH up to the point the unit has paid in full. After moving to the new company, workers provide their BHXH code and the contributions already paid to the new firm to report the employment. Contributions to BHXH and BHYT at the new company will proceed independently, not hindered by the old employer's late payments. The period the old company did not pay will be recorded as late, and will be supplemented after the old unit remedies the consequences. If the company deliberately evades, workers have the right to sue in court. Under the 2024 BHXH Law, employers must compensate workers if failure to fully contribute BHXH leads to damage to rights. To detect evasion and late payments that can affect rights long-term, workers should actively monitor BHXH, BHYT, BHTN contributions monthly via the Vietnam Social Security portal or the VSSID app, helping workers control data and promptly request action if late contributions are found, ensuring their social safety net remains continuous. Credit to Bảo Ngọc. Photo credit: Hoàng Triều.
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