Title: The company did not pay social security to Xiao Zhao, he paid it himself and asked the unit to return it, the court: support!
In recent years, the issue of social security has attracted much attention, and social security payment has become a basic right of the majority of employees. However, in some cases, employers may fail to pay social insurance to employees on time and in full, which has a great impact on the rights and interests of employees. This article will tell a true story, the protagonist Xiao Zhao (pseudonym) had to pay his own because the company did not pay him social insurance, and finally through the support of the court, successfully asked the unit to return the case.
First, the importance of the social insurance system
The social insurance system is an important system established by the state to safeguard the basic rights and interests of employees, which includes endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance, aiming to protect the rights and interests of employees in all aspects. The social security system not only provides employees with a sense of security, but also helps to build a harmonious society.
Second, Xiao Zhao's experience
Xiao Zhao, an ordinary employee of a private company, signed an employment contract when he joined the company, stipulating that the company should pay social insurance for him. However, over time, Xiao Zhao found that his social security account balance had not grown, suspecting that the company was not fulfilling its social security payment obligations in accordance with the contract.
So, Xiao Zhao began to take the initiative to consult with the social security department and verified his social security payment. As a result, he was stunned, and the company did not pay for him various social insurance such as pension insurance and medical insurance for many years. Xiao Zhao was deeply disturbed because the social security issue not only involved his personal rights and interests, but also related to his future retirement.
Third, Xiao Zhao's road to self-help
Faced with the company's indifference, Xiao Zhao decided to take action to protect his legitimate rights and interests. First, he gathered evidence, including labor contracts, payroll, and verification information from the Social Security Department. Second, he consulted a lawyer to understand his legal rights and means.
Under the advice of his lawyer, Xiao Zhao decided to pay the outstanding social security contributions for himself first to ensure that his social security account was paid in time. He paid a financial price for it, but he firmly believed that it was necessary to protect his rights.
Next, Xiao Zhao submitted an application to the company through a lawyer to return the social security money that had been paid by himself. The company still refused, insisting that they had failed to pay their obligations. In order to protect his rights and interests, Xiao Zhao had to take the company to court.
4. The Court's rulings
After the court accepted Xiao Zhao's case, it conducted a full trial. During the trial, Xiao Zhao submitted evidence such as contracts, payslips and social security verification information, proving that the company did not perform its social security payment obligations in accordance with the contract.
On the other hand, the company argued that they did not pay social insurance because of the company's financial difficulties, but did not provide sufficient evidence to prove this. The court held that the company signed a labor contract with Xiao Zhao, clearly stipulating the responsibility for social security payment, and should bear the corresponding legal responsibility. At the same time, the court also pointed out that social security is a state policy, and companies cannot avoid the responsibility to pay social insurance on the grounds of economic hardship.
In the end, the court ruled in favor of Xiao Zhao's lawsuit and required the company to return the social security payments he paid and pay the corresponding liquidated damages. This judgment sets an example for Xiao Zhao to protect his rights and interests, and also reminds employers that they should fulfill their legal obligations to pay social insurance.
V. Summary and Prospects
Xiao Zhao's case reflects the importance of the social security system in safeguarding the rights and interests of employees. Employees should be aware of their rights and may take legal measures to defend their rights if the employer fails to perform its social security payment obligations in accordance with the contract. At the same time, employers should also conscientiously fulfill their obligations to pay social insurance to safeguard the basic rights and interests of employees.
It is hoped that this case will arouse more people's attention to social security issues, encourage more employees and employers to jointly safeguard the improvement and healthy development of the social security system, and ensure that every worker can enjoy his due social security rights. Only in this way can we build a more harmonious and equitable society.