Social insurance and health insurance policies. The city's social insurance has gradually decentralized management to the district social insurance agencies to create convenience and best resolve social insurance for the subjects.
2.2.2.2. Some limitations still exist in the practice of implementing the Social Insurance Law in Ha Giang province and the causes
Besides the achieved results, the implementation of the law on maternity insurance at the social insurance of Ha Giang province in the past time still has limitations in the practical implementation of the law on social insurance in Ha Giang province.
One is about the subjects participating in maternity insurance .
The number of participants in social insurance in general and maternity insurance in particular is still limited. Many people who are eligible to participate in social insurance do not participate in social insurance. In addition, the management of beneficiaries of social insurance regimes in districts in the province is still facing difficulties such as the situation of participant information not matching with records, identity cards and household registration.
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Second , regarding maternity insurance payments: Many employers intentionally declare false information about their employees at the unit to reduce the number of employees paying compulsory social insurance. From there, many businesses take advantage of loopholes in the law as well as the lack of understanding of maternity social insurance of local people to establish ghost companies, falsely declare information about employees in the company, and trick pregnant women into giving birth with the following trick: pregnant women who are only in their second month of pregnancy will have someone come to visit and suggest that they just need to follow their instructions, and when they give birth, they will receive 2 million VND. When the baby is 1 year old, they will receive an additional 1 million VND. The company will take care of all social insurance, health insurance, and unemployment insurance costs. With this trick, many ethnic people in the area quickly obey because they think they will suddenly become employees of the company, not have to work a day, and when they give birth, they will receive money...
Third, regarding social insurance collection: Social insurance collection still has some limitations: Many employees who are required to participate in compulsory social insurance have not participated in social insurance and their employers are evading payment.
The main participants in social insurance are workers in the state sector, accounting for 87%. The number of people participating in social insurance outside the state sector accounts for only about 13% of the total number of participants and about 20% of the total number of workers outside the state sector.
Although the debt situation has decreased a lot, it is still a big problem. According to statistics of Ha Giang Provincial Social Insurance, currently in the area, there are over 1,400 labor employers with insurance debt of 37 billion VND.
For example: Construction Transport Joint Stock Company No. 1 - a company that has made spectacular breakthroughs, rising strongly after equitization, participating in the construction of many large contracts in and outside the province. Along with the rise, affirming its position in the market, this company is also famous for its outstanding insurance debt with the lowest figure, over 3,372 billion VND, the highest among the bad debtors of the provincial Social Insurance. Of which, the amount of social insurance debt is nearly 2.5 billion VND, health insurance over 264 million VND, unemployment insurance over 127 million VND, interest over 500 million VND, at the same time the company has stopped participating in all types of insurance for employees since January 2013. In order to handle the bad debt, the Social Insurance agency has worked with the company many times but has not brought results, the company's leaders gave many reasons such as production and business activities facing many difficulties, the province still owes money for basic construction that has not been paid so there is no money to pay insurance. A provincial social insurance officer added that through inspections, the employees' payrolls showed all types of insurance premiums, but the businesses did not submit them to the provincial social insurance agency. This is truly a sign of insurance premium abuse.
In the list of businesses with outstanding insurance debts are listed
The bad debt category includes Ha Giang Cement Joint Stock Company with an amount of over 921 million VND, including nearly 724 million VND in social insurance and nearly 135 million VND in interest; Duc Son Company Limited owes 17 months of insurance for 13 employees with an amount of over 334 million VND; Ngoc Que Lam Company Limited owes 58 months with an amount of nearly 286 million VND; Binh Minh 3 Agriculture and Forestry Joint Stock Company owes 19 months of insurance for 9 employees with an amount of over 216 million VND... Some administrative units such as the People's Committee of Bang Lang Commune (Quang Binh) also owes over 83 million VND in insurance for 24 cadres and civil servants.
According to Deputy Director of the Provincial Social Insurance Department Mai Quang Hung, there are still many employers who have not done a good job of paying monthly insurance premiums, and have abused the amount of money they must pay as business capital [44; 45; 50].
Fourthly , regarding the physical facilities of some social insurance agencies in the province, there has not been investment, equipment such as computers, printers, photocopiers, etc. for processing records is still lacking and showing signs of deterioration. The operating budget of the sector is low, there is a lack of facilities, training funds and there is no appropriate incentive mechanism for units and individuals who perform well in social insurance work.
Fifth, some officials are still afraid of difficulties, do not really have a sense of responsibility in performing their duties, especially with jobs that require innovation, there is a state of conservatism and not accepting new technology, so work progress is still slow; there is still a state of confusion when applying the law as well as lack of consistency in applying the law; The qualifications of officials, workers and civil servants in Ha Giang provincial Social Insurance are still inadequate. Most of them are officials transferred from other sectors, do not have a good grasp of social insurance work, the provincial Social Insurance is still short of officials, one official has to take on many tasks, leading to low work efficiency. There are even officials who take advantage of the name of social insurance officials to gain benefits, violate professional ethics, and must be disciplined.
Causes of the existence and limitations
The above mentioned shortcomings and limitations stem from many different causes. Some of the basic causes can be listed as follows:
- On the part of the subjects participating in social insurance
The main reason is that the population in Ha Giang province is mostly ethnic minorities, with low education level, so they lack understanding of social insurance laws as well as the benefits they are entitled to according to regulations. Workers in this area are mainly unskilled workers, most of whom have not received vocational training, have low skills, and often change workplaces, so it is very difficult to propagate and encourage them to participate in social insurance. This leads to many workers who are subject to compulsory social insurance but do not participate or negotiate with employers to receive cash instead of paying into the social insurance fund. In particular, many employers deliberately declare false information about employees at the unit to reduce the number of employees participating in compulsory social insurance.
In addition, most of the identity papers of ethnic minorities are old and tattered, people are not aware of preserving their identity papers or the commune officials make many errors in the papers. Meanwhile, the number of beneficiaries of social insurance is large, belonging to many different cases, leading to inevitable errors and delays in the process of resolving and paying the regime.
- On the part of the employer
Due to not fully understanding the role and significance of social insurance as well as not having a thorough understanding of the law on social insurance, many employers have not really paid attention to the social insurance rights of employees and have not been aware of their responsibility to pay social insurance for employees. Many non-state enterprises do not have a trade union or have weak operations, so they have not been able to protect the social insurance rights of employees. Moreover, employers often put economic and profit goals first, so they have evaded
Avoiding the responsibility of paying social insurance according to the law, not caring about the rights of employees.
- On the part of state agencies
Although Ha Giang Social Insurance has achieved certain results in managing the Social Insurance Fund (as analyzed above), from a certain perspective, this management is not really effective. The situation of social insurance arrears still exists. This is a bad debt, the reason is that some enterprises are unable to pay insurance due to difficulties in production, business, and business losses. In addition to units that are really in difficulty, many units deliberately shirk responsibility, show signs of appropriating insurance money, deliberately resisting, not paying social insurance, health insurance, and unemployment insurance for employees with the reason that the State still owes money for projects, so it has not fulfilled its obligations to employees. Units with outstanding insurance arrears mean that employees will not be paid benefits when they are sick, pregnant, or have work-related accidents. It is this arrears that have caused difficulties and disadvantages for employees when settling social insurance benefits.
Management work is not synchronous, the Social Insurance Agency of Ha Giang province as well as the departments and functional branches do not have a firm grasp of the production and business activities, the labor use situation of enterprises and production establishments, especially non-state-owned and non-public enterprises. There are non-state-owned enterprises registered in the district but do not have a transaction office, do not operate according to the registered content, dissolve after a short time of establishment and operation, do not register to use labor... There is also no management agency that manages, monitors and grasps information about enterprises that have registered for business. Therefore, the management, monitoring and requesting employers to implement social insurance policies for employees according to the law in these units is really not easy to ensure.
Information dissemination and popularization of social insurance law for employees and employers is not widespread and not regular. In addition, the content and form of propaganda is still dry and does not attract the attention of the majority of people.
- About the provisions of the law
Regarding the provisions of the law that cause difficulties and disadvantages for employees when settling the maternity social insurance regime. Most of the provisions on the issue of beneficiaries of maternity benefits, conditions for enjoyment, leave time and allowance levels are assessed as having made great progress compared to the old law, demonstrating the attention of the Party and the State in caring for the material and spiritual life of female employees during maternity. However, in addition, some provisions of the current law on social insurance are still inadequate, lacking feasibility, leading to difficulties and obstacles in the application of the law such as certain limitations such as the provisions on the time limit for settling social insurance benefits for employees being too short, making it impossible for employers to implement in practice, leading to violations; Regulations stipulate that male employees participating in social insurance whose wives give birth are entitled to benefits, but Circular No. 14/2016/TT-BYT dated May 12, 2016 stipulates that the father's name is not recorded on the birth certificate, making it difficult to determine the wife's social insurance participation in cases where male employees receive a one-time allowance when their wives give birth. Or individuals take advantage of loopholes in local authorities in certifying documents to forge birth certificates or copies of birth certificates and create fake files requesting social insurance agencies to pay maternity benefits; the administrative penalty for social insurance arrears is also not high, so it is not enough to deter businesses from violating.
Chapter 2 Conclusion
Thus, with the above contents, it can be seen that the Social Insurance Law 2014 has made progress to inherit and perfect the legal regulations on collective bargaining. When comparing with international law as well as ILO regulations, the legal system on collective bargaining in Vietnam has advantages, specifically as follows:
The supplementary law stipulates that male employees who are paying social insurance and whose wives give birth are entitled to 5 working days of maternity leave for normal births and 7 working days for caesarean section or caesarean section under 32 weeks of age; 10 working days for twins and 3 additional working days for each additional child from triplets; 14 working days for twins or more that require caesarean section.
Amending the conditions for receiving maternity social insurance in the case of female employees who have paid social insurance for at least 12 months but due to abnormal pregnancy must take time off work to recuperate as prescribed by a competent medical examination and treatment facility, they only need to ensure the condition of paying social insurance for at least 3 months within 12 months before giving birth.
At the same time, amend the time female employees take off work to enjoy the regime when giving birth or adopting a child under 6 months old. Add the case of male employees adopting a child under 6 months old to enjoy social insurance like female employees adopting a child under 6 months old.
In the case where only the mother participates in social insurance or both the father and mother participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to take maternity leave to receive social insurance for the remaining time of the mother.
If the mother pays compulsory social insurance but does not pay enough social insurance as prescribed and dies, the father or the person directly raising the child is entitled to take maternity leave until the child is 6 months old.
In case only the father participates in social insurance and the mother dies after giving birth or has an accident after giving birth and is not healthy enough to take care of the child, with confirmation from a competent medical examination and treatment facility, the father is entitled to take maternity leave and receive social insurance until the child is 6 months old.
In case only the father participates in social insurance when the wife gives birth, the father will receive a one-time allowance equal to 2 times the basic salary in the month of birth for each child; an additional 1 month for the female employee's maternity leave in case the child under 2 months old dies after birth.
Supplementing regulations on maternity social insurance for female employees who are surrogate mothers and mothers who request surrogacy according to the provisions of the Law on Marriage and Family (amended).
In general, maternity insurance in the area has been implemented seriously and achieved many positive results. The number of participants in compulsory social insurance tends to increase over the years. The payment of benefits is implemented fully, to the right subjects, and on time. The work of collecting insurance funds and debt collection is implemented closely.
However, the implementation of legal regulations on maternity insurance in the area still faces certain difficulties. These difficulties mainly revolve around issues such as businesses avoiding paying insurance, paying insurance late; administrative procedures are still inflexible and lack of strictness. The reasons leading to these limitations are partly due to the limited legal regulations, partly due to the awareness of employees and employers in recognizing their rights and obligations.