I. Reply of the Supreme Court on Disputes Caused by Enterprises Paying Old-age Insurance Fees for Employees
Reply of the Supreme Court in official website (www.court.gov.cn)20 10, 12, 2 1: Article 1 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases issued by the Supreme People's Court in September 20 10 stipulates that the employer is not a worker. Because the social security agency has the obligation to collect the fees owed by the employer, if there is a dispute between the employee, the employer and the social security agency about the arrears, it belongs to the collection dispute, belongs to the category of administrative management and has the nature of social management, and is not a single social security dispute between the employee and the employer. Therefore, such disputes should not be included in the scope of civil trial. If the employer fails to pay social insurance premiums or disputes over the payment period and amount, the laborer shall apply to the relevant departments for settlement. The above reply is for reference only.
II. Reply of the Supreme Court on "Social Insurance Labor Disputes"
Reply of the Supreme Court on 20 1 165438 in official website (www.court.gov.cn): "the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases Reflected by Netizens (III) Article 1: The employee fails to go through the social insurance formalities with the employer, and the social insurance agency cannot make up for it, so he cannot enjoy social insurance benefits, and a dispute arises, requiring the employer to compensate for the losses. In fact, the problems that people's courts should accept mainly involve how to correctly understand the scope of social insurance disputes accepted by people's courts. For this issue, we have clear provisions in the judicial interpretation of labor disputes (III). This problem is mainly related to how to correctly define the judicial responsibilities and powers of the people's courts and the reasonable division of administrative powers between the human resources and social security departments. We believe that when determining the boundary between the two, it should be based on the provisions of the Provisional Regulations on the Collection and Payment of Social Insurance Fees and the Social Insurance Law. According to the provisions of these two laws and regulations, China's social insurance clearly stipulates that the social insurance administrative department is responsible for and manages all aspects of social insurance premiums from registration, payment, payment to supervision and inspection, which is in line with China's current social development stage. If the judicial power intervenes forcibly or artificially, it will not only be detrimental to the normal operation of the increasingly perfect social insurance function, but also to the reasonable division of responsibilities between judicial power and administrative power, resulting in the overlapping and confusion of the two powers, which will ultimately be detrimental to the effective protection of workers' legitimate rights and interests. Therefore, only the "Provisional Regulations on the Collection and Payment of Social Insurance Fees" and the "Social Insurance Law" do not clearly stipulate that the social insurance management department should handle the controversial matters, so they are included in the scope of accepting cases by the people's courts.
Three. Reply of the Supreme Court on the issue of employers not paying or underpaying social insurance premiums
Supreme Court 20 1 165438 official website (www.court.gov.cn) Reply: China's "Provisional Regulations on the Collection and Payment of Social Insurance Fees" clearly stipulates that the social management department is responsible for the collection and payment of social insurance fees, and employers must handle social insurance for workers according to law. If the employer has gone through the social security formalities for the employee, but the employer fails to pay the social insurance premium for the employee according to the regulations, regardless of whether the social insurance premium is unpaid or refused to be paid, the social management department can force the collection according to law. This kind of dispute is not a simple social security dispute between workers and employers, but belongs to the category of administrative management.
Four. Reply of the research office of the Supreme People's Court on the applicable legal issues in the case of Wang and a company applying for retrial of labor disputes (Fa Yan [201] No.31).
Gansu Provincial Higher People's Court:
Your request for instructions on the application of law in labor dispute cases between Wang and a company (20 10) No.416 has been received. After study, the reply is as follows:
I agree in principle with the first opinion of the Audit Committee of your hospital, that is, according to the relevant provisions of the Labor Law of People's Republic of China (PRC) and the Provisional Regulations on the Collection and Payment of Social Insurance Fees, the collection and payment of social insurance fees belongs to the statutory duties of the collection and payment department of social insurance fees and does not belong to the scope of accepting civil cases by the people's courts. In addition, it is suggested that your hospital can send judicial advice to the relevant social insurance premium collection department in combination with this case, suggesting that it strengthen investigation and study on the insurance premium collection issues involved in the current disputes between employers and workers caused by social insurance, properly handle similar problems, and protect the legitimate rights and interests of the parties according to law.
This reply.
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