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How to apply for reconsideration of pension objections
Legal analysis: you can go to the social security bureau to apply for administrative reconsideration, or go directly to court to sue the social security bureau.
Legal basis: The People's Republic of China Social Insurance Law Article 83 If an employer or an individual believes that the behavior of a social insurance premium collection agency infringes on his or her lawful rights and interests, the employer may apply for an administrative reconsideration or bring an administrative lawsuit in accordance with the law.
An employing unit or an individual may, in accordance with law, apply for administrative reconsideration or bring an administrative lawsuit against a social insurance agency that fails to comply with law in the registration of social insurance, approval of social insurance premiums, payment of social insurance entitlements, handling of the procedures for the transfer and continuation of social insurance, or infringes upon any other rights and interests in social insurance.
If an individual has a social insurance dispute with his or her employer, he or she may apply for mediation or arbitration or file a lawsuit in accordance with the law. If the employer infringes on an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or social insurance premium collection agency to deal with the matter in accordance with the law.
"The Chinese people*** and the State administrative reconsideration law" Article 6 of the following circumstances, citizens, legal persons or other organizations can apply for administrative reconsideration in accordance with this law:
(a) the administrative organ to make a warning, fines, confiscation of illegal income, confiscation of illegal property, ordering the suspension of production and business, suspension or cancellation of permits, temporary or revocation of licenses, temporary or revocation of administrative detention and other administrative punishment decisions are not satisfied. Administrative penalty decisions;
(2) to the administrative organ of the restriction of personal freedom or seizure, detention, freezing of property and other administrative coercive measures;
(3) to the administrative organ of the relevant permits, licenses, qualifications, qualifications and other certificates of change, suspension, revocation of decisions;
(4) to the administrative organ of the (d) to the administrative organ's decision to confirm the ownership or use of natural resources such as land, mineral deposits, water flow, forests, mountains, grasslands, wasteland, mud flats and sea areas;
(e) to the administrative organ's infringement of lawful business autonomy;
(f) to the administrative organ's alteration or annulment of agricultural contract, infringing on their lawful rights and interests;
(g) to the administrative organ's violation of the lawful collection of funds, expropriation of funds, or the collection of funds. The administrative organ illegally collects funds, levies property, apportions fees or illegally demands the fulfillment of other obligations;
(h) The administrative organ fails to comply with the law when applying for the issuance of permits, licenses, qualification certificates, qualification certificates and other certificates by the administrative organ or when applying for the approval or registration of matters by the administrative organ;
(i) The administrative organ fails to comply with the law in applying for the fulfillment of its obligations to protect the rights of persons, property, education and other rights and interests. Personal rights, property rights, the right to education, the administrative organs did not perform in accordance with the law;
(j) applying for the administrative organs in accordance with the law to grant pensions, social insurance or minimum subsistence allowance, the administrative organs did not do so in accordance with the law;
(k) believe that the administrative organs of the other specific administrative action violates their legitimate rights and interests.
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