If the company owes social insurance, will the employee be entitled to sick leave benefits?

Question:

Currently, my company is 5 months behind on social insurance payments due to difficult circumstances. I broke my leg and have a hospital discharge certificate. I wonder if the Social Insurance will be able to cover my sick leave benefits? – Ms. Dinh Tam Lan (Cau Giay, Hanoi )

Social Insurance Region I (Hanoi) replied:

Clause 1, Article 25 of the 2014 Law on Social Insurance stipulates the conditions for enjoying sick leave benefits for employees participating in social insurance as follows: "If you are sick or have an accident that is not a work-related accident and must take time off work and have confirmation from a competent medical examination and treatment facility (KCB) according to regulations of the Ministry of Health .

In case of illness or accident that requires leave from work due to self-harm, drunkenness or use of drugs or drug precursors according to the list prescribed by the Government, one is not entitled to sick leave benefits.”

In your case, if you are paying social insurance, have an accident that breaks your leg, is not a work accident and requires you to take time off work, and has confirmation from a competent medical facility according to regulations of the Ministry of Health.

In case your accident is not due to self-harm, drunkenness or use of drugs or drug precursors as listed by the Government, you will be entitled to sick leave benefits according to regulations.

Pursuant to Point 1.2, Clause 1, Article 46 of Official Dispatch No. 2525/VBHN-BHXH dated August 15, 2023 of Vietnam Social Security on promulgating a document consolidating the Procedures for collecting social insurance, health insurance (HI), unemployment insurance (UI), occupational accident and disease insurance (OHD-HI), managing social insurance numbers and health insurance cards:

“1.2. For units that are late in paying social insurance, unemployment insurance, occupational accident and disease insurance, if the employee is eligible for social insurance or terminates the labor contract or employment contract, the unit is responsible for paying enough social insurance, unemployment insurance, occupational accident and disease insurance.

Including the late payment interest as prescribed, the Social Insurance agency confirms the Social Insurance book to promptly resolve the Social Insurance and Unemployment Insurance regime for employees. In case the unit has not paid enough, the Social Insurance book will be confirmed up to the time of payment of Social Insurance, Unemployment Insurance, Occupational Accident Insurance, and Occupational Disease Insurance. After recovering the amount the unit has paid late, the Social Insurance book will be confirmed additionally.”

To ensure your rights in participating and enjoying social insurance regimes, we recommend that you contact the company to request full payment responsibility to enjoy social insurance regimes in a timely manner, according to regulations.

Source: https://kinhtedothi.vn/dn-no-bhxh-nguoi-lao-dong-co-duoc-giai-quyet-huong-che-do-om-dau-khong.html