Research Office of the Supreme People's Court
Interpretation of the reply on the applicable legal issues in the labor dispute between Wang and a certain company
Application for retrial
Fayan [2011] No. 31, March 9, 2011
Gansu Provincial Higher People's Court:
Your Court (2010) Gan Minshen Zi No. 416 "On the case against Wang and Request for instructions on a company’s labor dispute application for retrial” received. After research, the reply is as follows:
I agree in principle with the first opinion of the review committee of your hospital, that is, in accordance with the "Labor Law of the People's Republic of China" and the "Interim Regulations on the Collection of Social Insurance Premiums" Relevant regulations stipulate that the collection and payment of social insurance premiums is the statutory responsibility of the social insurance premium collection department and is not within the scope of the people's court to accept civil cases. In addition, it is suggested that your court may issue judicial suggestions to the relevant social insurance premium collection departments based on this case, suggesting that they strengthen investigation and research on the insurance premium collection issues involved in the current social insurance disputes between employers and workers, and properly Handle similar issues and protect the legitimate rights and interests of relevant parties in accordance with the law.
This is a reply.
Interpretation of "Reply of the Research Office of the Supreme People's Court on Applicable Legal Issues in the Case of Application for Retrial of a Labor Dispute between Wang and a Company"
In October 2010, the Senior People's Court of Gansu Province The court requested instructions from the Research Office of the Supreme People's Court on whether the People's Court should accept cases of unpaid social insurance premiums ["Request for Instructions from the Higher People's Court of Gansu Province on the Application for Retrial of a Labor Dispute between Wang and a Company" ([2010] Gan Minshen No. 416), hereinafter referred to as "Request for Instructions"]. After careful study and soliciting opinions from relevant departments within the Supreme People's Court, the Research Office of the Supreme People's Court issued on March 9, 2011, "The Research Office of the Supreme People's Court on the Applicable Legal Issues in the Case of Application for Retrial of a Labor Dispute between Wang and a Company" Reply" (Fayan [2011] No. 31, hereinafter referred to as the "Reply"). The origin, relevant considerations and process of the issues involved in the "Reply" are now interpreted as follows:
1. Origin of the issue
In the case between Wang and the Lanzhou Branch of China XX Co., Ltd. ( In the case of a labor dispute (hereinafter referred to as a company), Wang was originally an employee of a company, but he never went through the pension procedures. Between November and December 2005, a company paid Wang a pension subsidy for September and October of the same year. On April 30, 2006, both parties signed an agreement to terminate the labor contract. On May 1 of the same year, a company signed a labor dispatch agreement with the Gansu Province Longxing Labor Dispatch Service Center (hereinafter referred to as the Labor Center). The labor center signed a labor contract with Wang and sent him to work in a company. On October 9, 2008, Wang resigned. On October 27 of the same year, the Labor Service Center issued a notice to terminate the labor relationship. Wang filed a complaint with the Lanzhou Labor Dispute Arbitration Commission that month. The arbitration committee made an arbitration award on March 9, 2009, which only supported Wang’s request to the labor service center to repay the pension insurance premiums from April 2006 to October 2008. Wang refused to accept the request for formalities and payment of unemployment insurance benefits, medical subsidies, etc. and sued. The Chengguan District People's Court of Lanzhou City held that Wang should have known that his rights had been infringed upon when he signed the labor contract in April 2006, but that he applied for arbitration in October 2008, which had exceeded the statute of limitations, and that the relevant social insurance claims that Wang claimed were According to the provisions of Article 26 of the "Interim Regulations on the Collection and Payment of Social Insurance Premiums", if the payment unit refuses to pay social insurance premiums or late payment fees within the time limit, the labor and social security administrative department or the tax authority shall apply to the people's court to compulsorily collect the payment in accordance with the law. The recovery of social insurance is the responsibility of the social insurance administrative department and is not within the scope of the People's Court to accept civil cases. The parties can apply to the social insurance administrative department for handling. Therefore, the judgment was made to reject Wang's lawsuit. Wang was dissatisfied with the first-instance judgment and filed an appeal. After hearing the case, the Lanzhou Intermediate People's Court dismissed the appeal and upheld the original verdict. After that, Wang applied to the Gansu Provincial Higher People's Court for a retrial.
The new situation has put forward higher requirements for the judicial advice work of the people's courts. Based on the comprehensive consideration of the active role of judicial suggestions in the current social management innovation work and the specific circumstances of the cases involved in the "Request for Instructions", and in the spirit of giving full play to the judicial active role of the people's courts, it is recommended that the Gansu Provincial Higher People's Court The premium collection and collection department issued judicial recommendations, recommending that the department handle such cases in accordance with the law and recover the owed insurance premiums from the employer.