[Summary of the trial]
The employee believes that his current social security payment is still six or seven years away from the completion of 15 years, but his employment period with the employer is less than four years, and even if the employer pays social security in full for him, his social security payment period is still less than 15 years, and he is still unable to enjoy retirement benefits, that is, the employee cannot prove that his current inability to enjoy retirement benefits is caused by the employer, and the social security payment is within the scope of administrative authority, so this court does not support his litigation claim that the employer should pay compensation for the inability to enjoy retirement benefits.
【Brief Facts of the Case】
On April 6, 2017, Xiang joined a company in Beijing, and from April 6, 2017 to November 11, 2020, Xiang had a labor relationship with a company in Beijing, and during his employment, Xiang's monthly salary was 2,500 yuan, and a company in Beijing did not pay social security for Xiang.
On April 12, 2023, Xiang filed an arbitration application with the Labor and Personnel Dispute Arbitration Commission, requesting that a company in Beijing be awarded a total of 35,797.5 yuan in compensation for failing to pay social insurance from April 6, 2017 to November 11, 2020. The arbitration commission rejected the case on the grounds that the arbitration request did not fall within the scope of labor and personnel disputes. Xiang X was dissatisfied with the notice and filed a lawsuit.
Xiang asserted that he had an employment relationship with a company in Beijing from April 6, 2017 to November 11, 2020, and was later illegally dismissed by a company in Beijing. To this end, it submitted to the court the Notice of Inadmissibility of Jing Xing Lao Ren Zhong [2023] No. 0116, Jing Xing Lao Ren Zhong Zi [2021] No. 1009-1, Jing Xing Lao Ren Zhong Zi [2021] No. 1009-2, and the (2021) Jing 0115 Min Chu No. 14516 Civil Judgment (hereinafter referred to as the No. 14516 Judgment), (2022) Jing 02 Min Zhong No. 8464 Civil Judgment, which proves that there is an employment relationship with a company in Beijing, and the company has not paid social security for it during his employment. After investigation, the No. 14516 judgment has taken legal effect, and the judgment found that a company in Beijing illegally terminated the labor relationship with Xiang.
A company in Beijing recognized the authenticity of the above evidence and the purpose of proof, but did not agree to compensate for losses.
【Judgment Result】
The Beijing Daxing District Labor and Personnel Dispute Arbitration Commission issued a notice of inadmissibility of Jingxing Lao Ren Zhong Bu Zi [2023] No. 0116;
The Beijing Daxing District People's Court (2024) Jing 0115 Min Chu No. 17760 Civil Judgment rejected Xiang's claim for compensation for non-retirement.
【Case Tips】
Employers are reminded that social insurance payment is a legal obligation of the employer, and social insurance should be paid for employees in accordance with the law, including unemployment insurance. Failure to pay social insurance may result in the employee not being able to enjoy unemployment insurance benefits when he or she becomes unemployed, which may lead to labor disputes and liability for compensation. In addition, in the case of a person who is unable to receive pension insurance benefits even if he or she pays social insurance in full at the statutory retirement age, it is necessary to make a clear agreement at the time of employment to deal with the employment relationship at retirement age in order to avoid disputes.
Workers are reminded to understand the benefits of social security, including unemployment insurance benefits and retirement benefits. When it is found that the employer has not paid social security in accordance with the law, it shall promptly submit and request for supplementary payment. In the event of a labor dispute with the employer, the employer should retain relevant evidence, such as wage slips and social security payment records, to prove their claims and losses.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.