Social security disputes whether the court directly accept

In recent years, with the gradual improvement of people's standard of living now have a stable life after the security will often begin to plan for their future, so the development of the insurance industry is a matter of course, and many companies need to pay the corresponding social insurance for employees, so the social security disputes court is directly accepted? I organized the relevant content, I hope to help you.

Social security dispute court directly accept

1, the social security should belong to the scope of the court. The key is to sue on the social security part of the request, whether the request at the time of arbitration to make changes, because if the change of the request matters. Based on the principle of pre-arbitration, the court cannot accept.

2, arbitration support for social security replacement, you can sue on other matters, if the enterprise does not sue or although the prosecution but not the prosecution of the social security part of the arbitration award on the social security of the part of both parties have no objection, the court will find that the award on the social security part of the validity of the award, and embodied in the judgment.

Types of social security disputes and solutions

In judicial practice, there are four kinds of common social security disputes:

1, social insurance loss compensation disputes. Refers to the insurance accident, the workers in accordance with the provisions of laws and regulations, require the employer to compensate for its non-payment, underpayment or late payment of social insurance premiums brought about by the behavior of the loss of social insurance treatment disputes, judicial practice, generally including work injury damage compensation disputes and medical insurance compensation disputes. Such disputes are labor disputes in nature.

2, insurance disputes. Refers to the employer should participate in social insurance according to law and did not participate in the dispute, the workers require the establishment of social insurance relations. This dispute is administrative in nature.

3, non-payment, underpayment or late payment of social insurance premium disputes. Refers to the establishment of social security relations, the employer does not actively fulfill the obligation to pay several forms of performance, is the social insurance premiums defective payment behavior. This dispute is administrative in nature.

4, social insurance payment disputes. This dispute is administrative in nature.

Encountering these four kinds of social security disputes, there are mainly two ways of administrative processing and judicial remedies.

(I) administrative

From the analysis of the nature of social insurance disputes, it can be seen that the three disputes of social insurance participation disputes, disputes arising from defective payment behavior and disputes over the issuance of insurance premiums should be dealt with administratively, and should not be accepted as a civil case.

(B) the judicial remedy

judicial practice has proved that the nature of social insurance disputes without distinguishing between them as a labor dispute case to be accepted. Because the nature of social insurance disputes in the application of judicial remedies must be strictly limited to its scope of application. Specifically include two situations:

1, for social insurance compensation disputes should be accepted as labor disputes.

2, the workers of the labor administration department of the handling, can file an administrative lawsuit.