The company owes social insurance, are employees entitled to maternity benefits?

NGUYEN THI LAN(Gia Loc)

Reply:Pursuant to Point b, Clause 1 and Clause 2, Article 31 of the Law on Social Insurance 2014, female employees who give birth must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child to be entitled to maternity benefits. Thus, it is mandatory for companies to pay social insurance for female employees in accordance with the law for them to be entitled to maternity benefits.

According to Clause 3 of Official Dispatch 856/LĐTBXH-BHXH dated March 19, 2013 of the Minister of Labor, War Invalids and Social Affairs, enterprises that are really having difficulty owing social insurance contributions are allowed to pay social insurance for employees who are eligible for social insurance benefits, employees who quit their jobs to resolve social insurance benefits and close social insurance books to ensure the rights of employees according to regulations.

Therefore, in this case, you need to ask the company to pay full social insurance for you soon to enjoy maternity benefits.

According to Article 38 of the 2014 Law on Social Insurance, female employees who give birth or employees who adopt children under 6 months old are entitled to a one-time allowance for each child equal to 2 times the basic salary in the month the female employee gives birth or the month the employee adopts the child (the current benefit level is 2.98 million VND).