Maternity Benefit Disputes in Vietnam – How to Protect Your Legal Rights?
In today’s modern labor environment, employees – especially female workers – still face challenges in receiving social insurance benefits such as maternity allowance. Although the law provides clear regulations, many workers experience delayed or incomplete payments. So what should employees do to protect their rights in such cases?
Legal basis for maternity benefits
Maternity benefits are one of the most important entitlements under Vietnam’s compulsory social insurance scheme. According to Point b Clause 1 Article 4 and Clause 1 Article 31 of the 2014 Law on Social Insurance, employees are entitled to maternity benefits if they meet the contribution period requirements.
Article 18 of the same law also affirms the right to participate in and receive social insurance benefits. Therefore, if employees fulfill their obligations to pay insurance, they are legally entitled to receive maternity allowance, and this right cannot be taken away.
In practice, some employers receive the insurance payment from the Social Insurance Authority but fail to transfer it to the employee. This is not only unethical but may be considered illegal appropriation of property.
What to do when your employer fails to pay maternity benefits?
Submit a formal payment request
This is the first step to show goodwill in resolving the issue. The request should be in writing, clearly stating the amount claimed, and accompanied by supporting documents such as the labor contract, maternity leave approval, and social insurance filing receipts.
Request mediation at the Department of Labor, Invalids and Social Affairs (optional)
Under Article 188 of the Labor Code 2019, individual labor disputes do not require mandatory mediation before filing a lawsuit (except in certain specific cases). However, mediation can still be a cost-effective solution if the employer cooperates. A signed mediation report can also serve as valuable evidence in court.
File a lawsuit at the People’s Court
If the employer continues to delay, the employee has the right to initiate a lawsuit. Pursuant to Articles 32, 35, and 39 of the 2015 Civil Procedure Code, the case falls under the jurisdiction of the court where the employer is headquartered. A complete lawsuit dossier should include: mediation report (if available), employment contract, ID documents, and social insurance filing records.
Important notes when suing for unpaid maternity benefits
Filing a lawsuit to recover unpaid maternity benefits is a strong but necessary step when the employer deliberately fails to comply. However, not everyone is familiar with the procedures and legal issues involved. To ensure their rights are fully protected, employees should consider the following:
The absence of the defendant does not prevent trial
Companies may try to delay proceedings by not attending court. But according to Article 227(2)(b) of the Civil Procedure Code, if duly summoned twice and still absent, the court has the authority to proceed in absentia. This protects workers from unnecessary delays.
Maternity benefits are lawful assets of employees
Courts have consistently affirmed that maternity benefits are the legal property of employees. When employers fail to pay, it is considered “bad faith possession” under Article 181 of the 2015 Civil Code. Thus, the demand for payment is fully justifiable and enforceable by the court.
Late payment interest may be claimed
From the time the employee requests enforcement, if the company continues to delay, the employee may claim interest on the unpaid amount based on the savings interest rate published by the State Bank. This ensures fuller financial protection during litigation and execution.
DEDICA accompanies employees in legal disputes
At DEDICA, we understand the injustice that employees – especially women – may face in the workplace. With practical experience in handling labor disputes, insurance claims, and maternity rights, our legal team is ready to stand by your side to ensure lawful and effective protection.
Contact DEDICA Law Firm for expert legal consultation!
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