ONE-TIME SOCIAL INSURANCE: CAN EMPLOYEES RECEIVE MULTIPLE TIMES?

Currently, the Covid-19 pandemic has negatively impacted the whole society, including the mass loss of jobs. When the stable monthly income source was lost, many people chose to receive the one-time social insurance benefit.

So, in case the employees quit their job and enjoy the one-time social insurance benefit, when they join a new company and pay social insurance from zero, will the employee still receive the social insurance allowance again?

According to Clause 1, Article 1 of Resolution 93/2015/QH13, stipulating the implementation of the policy of enjoying one-time social insurance for employees as follows:

“One year after leaving their jobs, for employees participating in compulsory social insurance, or after stopping to make social insurance contributions, for persons participating in voluntary social insurance, employees participating in compulsory social insurance and persons participating in voluntary social insurance whose social insurance payment period is less than 20 years will be entitled to receive one-time social insurance benefits if they so request.”

In addition, according to Clause 1, Article 8 of Decree No. 115/2015/ND-CP stipulating that an employee who makes a request is entitled to a one-time social insurance allowance in one of the following cases:

• He/she reaches the statutory retirement age specified Clauses 1, 2 and 4 Article 54 of the Law on Social insurance but has paid social insurance for under 20 years or he/she reaches the statutory retirement age specified Clause 3 Article 54 of the Law on Social insurance but has paid social insurance for under 15 years and does not continue paying voluntary social insurance;
• He/she has not paid social insurance for under 20 years and does not continue paying social  insurance after 1-year work ceasing;
• He/she settles abroad;
• He/she suffers a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health.

Thus, at present, the law does not specify the number of one-time social insurance withdrawals when eligible for benefits. Therefore, if the employee has fully met the conditions as prescribed by the law above, he/she can withdraw the social insurance once at any time.

However, receiving one-time social insurance will bring many disadvantages to employees, because of immediate benefits, employees will miss the opportunity to enjoy a pension to cover their lives, as well as enjoy a health insurance scheme to take care of their health in old age.

Reference:

1. Resolution 93/2015/QH13
2. Decree 115/2015/ND-CP
3. Law on Social insurance