Any cooperation can arise the conflict of rights and responsibility. If the conflict cannot be handled, dispute will appear. Dragon Law with high experience lawyers in social insurance disputes provides Clients with best quality of legal services.
I. Disputes between Employees, Labor Collectives and Employers
Under the Labor Code 2012 and Civil Procedure Code 2015, dispute on social insurance between employees, labor collectives and employers is labor dispute and will be handled by the Court.
However, under the Clause 1 and 3 of Article 5 of Labor Code 2012:
1. Within 5 working days after receiving a request for settlement of a right-based collective labor dispute, the chairperson of a district-level People’s Committee shall conduct the labor dispute settlement.
3. In case the two parties disagree with the decision of the chairperson of the district-level People’s Committee or the chairperson of the district- level People’s Committee fails to settle the labor dispute within the time limit, any disputing party may request settlement by a court.
Then, it can be said that:
Firstly, if the Chairman of the district People's Committee resolves the disputes which the parties cannot agree with the decision of the Chairman of the district People's Committees or expired the time limit that the chairman of the district People's Committee does not settle, the parties may request the Court to settle disputes. In this case, the Court accepts to settle and determines this is a labor dispute.
Or secondly, if the Chairman of the district People's Committee resolves disputes which the parties cannot agree with the decision of the Chairman of the district People's Committee and take action against the decision of the Chairman of the district People's Committee, the Court accepts to settle and determines this is an administrative case.
II. Dispute between Employees, Employers and Social Insurance Agencies
According to the Article 118 and Article 119 of the Law on Social Insurance 2014, the employee and the employer have the right to appeal or administrative lawsuit under the provisions of this Law and the Law on Administrative Procedure about the decisions and administrative acts of the social insurance institutions when there are grounds for that decision, such behavior violates this Law, infringe upon their lawful rights and interests. When someone decides to sue for acts of social insurance bodies, the Court accepts the case and determine that is the administrative case.
III. Disputes between the Social Insurance Agency and Employers
Since the Law on Social Insurance takes effect on Jan. 01, 2016, the Court shall not accept the petition of the Social Insurance Agency claiming to the employers on payment of social insurance.
For the processing and handling of the case before the above date, the Court will decide to suspend the case, return the petition and guide to the petitioner the procedure under the provisions of Labor Code, Law on Administrative Procedure and Clause 9, Article 22 of the Law on Social Insurance.
Any information about social insurance disputes, please contact to Dragon Law at:
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Dragon Law Firm - Hotline: 1900.599.979
Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn
Email: dragonlawfirm@gmail.com
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