I retired for over a year. The company has performed procedures so that I can enjoy my pension with the social insurance agency, but has not paid my pension because the company claims that I have some unpaid debt obligations. What should I do?
It is stipulated in Article 59 of Law on Social Insurance as follows:
1. For employees who are paying compulsory social insurance premiums as defined at Points a, b, c, d, đ, e and i, Clause 1, Article 2 of this Law, the time for pension enjoyment is the time stated in work cessation decisions issued by employers when the employees have fully satisfied the law-prescribed conditions for pension enjoyment.
2. For employees who are paying social insurance premiums as prescribed at Point h, Clause 1, Article 2 of this Law, the time of enjoying retirement pensions shall be counted from the consecutive month when the employees satisfy the pension eligibility conditions and make written requests for submission to the social insurance agency.
3. For employees defined at Point g, Clause 1, Article 2 of this Law and persons currently reserving their social insurance payment duration, the time of enjoying retirement pensions shall be the time inscribed in the written requests of the employees who have satisfied conditions for paying social insurance premiums according to regulations.
So, if you are eligible for retirement, the company must complete the procedures with the social insurance agency and pay your pension. If the company has made the pension book but has not paid you, it is wrong. Your obligation to pay debts to the Company is another relationship. You can sue the Company for not paying your pension. If the company wants to claim your debt, the company must also sue you and have a duty to prove that you owe the company./.