Maternity Benefit Disputes in Vietnam – How to Protect Your Legal Rights?
In today’s labor environment, it is not uncommon for workers – especially female employees – to face difficulties in receiving social insurance benefits, such as maternity benefits. Despite clear legal provisions, there are still many cases where workers experience delays or are not paid maternity allowances in a timely and complete manner. So, what should workers do to safeguard their rights in such situations?
Legal basis for maternity benefits under current regulations
Maternity benefits are among the most important entitlements employees receive through social insurance participation. According to Article 4(1)(b) of the 2014 Law on Social Insurance, maternity is one of the compulsory insurance benefits granted to employees who meet the contribution conditions.
Furthermore, Article 18(1) of the same law clearly states that employees have the right "to participate in and receive social insurance benefits." This means that if the employee has fulfilled the required contributions, the right to receive maternity benefits is a legitimate and non-revocable entitlement.
In practice, many businesses delay or even fail to transfer maternity payments to employees, even after receiving the funds from social insurance authorities. This is not only unethical but may also be considered unlawful appropriation of assets.
What to do when the company doesn’t pay maternity benefits?
When their rights are infringed upon, employees should not remain silent or wait indefinitely. Here are steps they can take to address the issue effectively:
Submit a written request for payment
This is the first step, showing goodwill in seeking resolution. The written request should be clear and include supporting documents such as the labor contract, proof of maternity leave, a receipt for submitted documents, and a detailed claim for the unpaid amount.
Mediation at the Department of Labor – Invalids and Social Affairs
Under Article 201 of the 2012 Labor Code, individual labor disputes must first go through mediation before litigation. Employees may request mediation at the Department of Labor where the company is headquartered. If the company admits liability but fails to pay, the mediation minutes serve as key evidence in court.
Filing a lawsuit at a competent People’s Court
If the company remains uncooperative, employees can initiate a lawsuit. According to Articles 32, 35, and 39 of the 2015 Civil Procedure Code, the competent court is the People’s Court where the defendant’s headquarters is located. Employees should prepare complete documentation including the mediation minutes, employment contract, personal documents, and maternity claim.
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!
📞 Hotline: (+84) 39 969 0012 (Support via WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City
🕒 Office hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out now to receive a free initial consultation from our team of professional lawyers!
