Vietnamese If the company does not pay health insurance for employees, does it have to refund the costs the employees paid during the time they did not have health insurance?
A reader with email tamnguyenxx@gmail.com sent an email to YouMe Law Firm asking: I signed a contract with the company for more than a year but the company has not paid for health insurance yet. When I went to the doctor, I had to pay all the expenses myself. I would like to ask, if the company does not pay health insurance for the employee, does it have to refund the expenses the employee paid during the time without health insurance?
Jurist Nguyen Thu Thuy, YouMe Law Firm replied:
Article 49 of the Law on Health Insurance 2008, amended by the Law on Health Insurance 2014, stipulates the handling of violations as follows:
1. Those who violate the provisions of this Law and other provisions of law related to health insurance, depending on the nature and severity of the violation, will be subject to disciplinary action, administrative sanctions or criminal prosecution. If causing damage, they must compensate according to the provisions of the law.
2. Agencies and organizations that violate the provisions of this Law and other provisions of law related to health insurance shall be subject to administrative sanctions; if causing damage, they shall be required to compensate according to the provisions of law.
3. Agencies, organizations and employers that are responsible for paying health insurance but do not pay or do not pay in full according to the provisions of law shall be handled as follows:
a) Must pay the full unpaid amount and pay interest equal to twice the interbank interest rate calculated on the amount and time of late payment; if they do not do so, upon request of competent persons, banks, other credit institutions, and the State Treasury shall be responsible for deducting money from the deposit accounts of agencies, organizations and employers responsible for paying health insurance to pay the unpaid or late payment amount and interest on this amount into the health insurance fund account;
b) Must reimburse all costs to employees within the scope of benefits and health insurance benefits that employees have paid during the time they do not have a health insurance card.
Thus, if a company is responsible for paying health insurance but does not pay or does not pay in full according to the provisions of law, it must reimburse all costs to employees within the scope of benefits and health insurance benefits that employees have paid during the time they do not have a health insurance card according to the provisions cited above.
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YouMe Law Firm
Address: Phuong Dong Building, No. 33 Giang Van Minh, Kim Ma Ward, Ba Dinh District, Hanoi
Hotline: 0966770000
Email: info@youmevietnam.com
Author of the article: Ms. Nguyen Thi Thuy
