"Your original social security payment was interrupted, and now you need to pay a late fee for making up the payment, so you can pay it yourself. ”
"Shouldn't I be paid by the unit? Why should I bear the ...... myself?"
Chen's social insurance from 2016 to 2017 was interrupted, and the original unit was told that he needed to pay a late fee when he paid social insurance, and the original unit believed that the failure to pay social insurance on time was due to Chen's reasons, and required Chen to bear the late fee. Chen believes that the unit has not paid social insurance for itself, and he has completed the relevant procedures in the future, so he should not bear the responsibility. The court held that the late payment penalty was an administrative coercive measure for the employer's failure to pay social insurance premiums in full and on time, and should be borne by the employer, and the court did not support the original unit's request for Chen to pay the late payment of social insurance premiums.
With the continuous development of the economy and society, the labor market has become more and more active, and the awareness of workers to protect their legitimate rights and interests has been continuously enhanced. As a result, labor dispute cases between employees and employers continue to occur frequently.
According to statistics, from 2021 to 2023, the Miyun Court concluded a total of 354 social insurance dispute cases, of which 122 were concluded in 2021, 126 in 2022, and 106 in 2023, accounting for about 22% of the total number of labor dispute cases heard in each year. Through the statistics of such cases, it is found that the disputes are mostly concentrated in three aspects: disputes over compensation for social insurance losses, disputes over supplementary payment of social insurance, and disputes over the employer's request for the return of the advance payment of social insurance premiums after the employee pays social insurance on his own.
On the morning of April 29, on the eve of the "May Day", the Miyun Court held a press briefing on typical cases involving social insurance disputes. By sorting out the social insurance dispute cases heard in recent years, the typical cases are released and the risk reminders are given on the cost of employers not paying social insurance for employees in accordance with the law. The meeting was presided over by Lai Jinggang, member of the party group, director of the Political Department, and spokesman of the press department.
According to Chen Xing, a member of the party group and vice president of the Miyun Court, social insurance dispute cases are characterized by a high rate of losing cases and illegal costs of employers, a relatively concentrated industry type of employers, and hidden social insurance disputes. The Miyun Court will increase the supervision and punishment of social security violations through communication and linkage with the labor administrative department, minimize the occurrence of illegal behaviors such as employers not paying social insurance for employees and paying social insurance in insufficient amount, and urge employers to actively and fully pay social security for employees. At the same time, we will strengthen the publicity of law popularization, guide enterprises to standardize employment in accordance with the law, and enhance the awareness and ability of workers to protect their rights. He said that through communication and cooperation with arbitration and social security agencies, we will strengthen communication and coordination, unify adjudication and adjudication standards, give full play to the advantages of their respective systems, work together to resolve social insurance disputes, and strive to improve and improve the diversified resolution mechanism for labor disputes.
Focusing on the cost of employers not paying social insurance for employees in accordance with the law, Zhu Chenghui, president of the Xitian Gezhuang Court, gave a risk warning. The scope of the reminder involves four aspects: the social insurance benefits that the employee should enjoy shall be borne by the employer, the cost of late payment of social insurance, the cost of fines, and the cost of economic compensation. Among them, the social insurance benefits that the worker should enjoy shall be borne by the employer, including work-related injury insurance benefits, pension insurance benefits, unemployment insurance benefits, maternity and medical insurance benefits, etc.; the cost of fines and late fees shall be imposed by the labor administrative department due to the employer's failure to pay social insurance premiums in accordance with the law; and the economic compensation shall refer to the termination of the labor contract by the employee on the grounds that the employer has failed to pay social insurance in accordance with the law, and the employer shall pay the corresponding economic compensation according to the employee's working years.
Subsequently, Judge Ma Jingru selected two typical cases for notification. In one of the cases, the employer demanded that the employer should bear the loss of late payment penalty after paying social insurance for the employee, and the court held that the employer should bear the loss of the late payment penalty for the arrears of social insurance premiums. In another case, a shareholder of a company submitted a false liquidation report to the relevant department to apply for cancellation of registration in order to evade liability in order to avoid liability when he knew that the employee had suffered a work-related injury and the company had not paid work-related injury insurance for the employee.
Scan the QR code to view typical cases of social security disputes
A statement was made by a representative
Duan Xiaolong, a deputy to the Beijing Municipal People's Congress, said that in recent years, with the continuous development of the economy and society, the contradictions and disputes between workers and employers have become diversified and complex, and the difficulty of courts in hearing cases has gradually increased. By combing through these cases involving social insurance disputes, the district court has, on the one hand, provided good guidance and reference for handling social insurance disputes and building harmonious labor relations, and on the other hand, it was also aimed at increasing judicial openness and effectively unifying the adjudication standards. Through the introduction of these typical cases, we can correctly regulate, guide, evaluate, and lead correct social values, guide the people to respect the law, study the law, abide by the law, and use the law, and promote the construction of the rule of law.
Yang Shanyi, a deputy to the Miyun District People's Congress, said that with the progress of the rule of law and the enhancement of workers' awareness of protecting their rights, various social insurance issues have received more and more attention and attention. The district court combs through typical cases, studies existing problems, puts forward targeted countermeasures and suggestions, and releases them to the public, effectively guiding employers to regulate their own behaviors and promote the sustainable and healthy development of labor relations. It is hoped that in the future, the district court can innovate various work measures to better serve and protect the legitimate rights and interests of employers and workers, and effectively provide a strong judicial guarantee for the economic development of Miyun District.
Contributed by: Miyun Court
Photo: Gao Song
Editor: Gao Song Wang Xi
Review: Zhang Zhongtao