Examples of stories about providing for the aged without social security

1, traffic accidents cannot enjoy work-related injury insurance benefits. Li is the buyer of yangguang chemical plant. One day, Li was knocked down by a traffic accident vehicle on his way out to buy raw materials, and suffered a large area of soft tissue contusion in his abdomen. Li and the driver privately agreed that the driver compensated Li for medical expenses, lost time and escort expenses totaling 5,000 yuan. Afterwards, Li did not inform the factory, but asked for two months' sick leave for physical reasons. The factory agreed to Li's sick leave application and paid him two months' sick leave salary. Two months later, Li recovered, but he didn't go to work. Instead, he filed a complaint with the chemical plant, demanding that he be identified as a work-related injury and enjoy the treatment of work-related injury insurance, and asked the factory to pay the medical expenses and other expenses during Li's treatment. After examination, the court found that the plaintiff Li deliberately concealed the specific injuries, so that the defendant chemical plant could not know the injuries suffered by the plaintiff in the traffic accident, and did not apply to the local labor and social security department for work-related injury identification in time. Li and his relatives did not apply for work-related injury insurance benefits within the time limit prescribed by law. The driver has compensated the plaintiff for medical expenses and other expenses. Therefore, the court rejected the plaintiff's claim according to the relevant provisions of the Trial Measures for Industrial Injury Insurance for Enterprise Employees. [Discussion]: Is it to find out the legal basis to prove why traffic accidents cannot be treated with medical insurance? 2. What are the provisions for maternity leave for female employees? Case Tang is an employee of a foreign-funded enterprise. 1998 In May, when she was 20 years old, she got married and soon became pregnant. 1August, 1999, Tang asked for 90 days of maternity leave, but only 56 days were granted by the unit, and said that she would be paid 60% of the basic salary during maternity leave. Tang asked the leader to reflect the situation. The leader explained that the maternity leave stipulated in the labor insurance regulations is 56 days, and the enterprise is completely in accordance with the law. Knowing that one of his girlfriends took 90 days maternity leave when she gave birth, Tang consulted the relevant institutions, hoping to know whether the practice of the unit was legal, how many days of statutory maternity leave were there, and whether the salary was reduced during maternity leave. 3. Can enterprises not give sick employees sick leave pay after participating in basic medical insurance? Case Li 65438+1After graduating from university in July, 1995, he went to work in A company of a state-owned enterprise. The economic benefit of Company A is very good, and the salary level of its employees is relatively high. 1999, Company A participated in the basic medical insurance for urban workers and paid the medical insurance premium for all employees on time and in full. Li has always been satisfied with his work. However, something unexpected happened. At the beginning of March 2000, Li was seriously ill in hospital. During hospitalization, Company A stopped paying his salary on the grounds that Li had paid the medical insurance premium in full and on time, and asked Li to go to the medical insurance agency to go through the relevant medical procedures. In mid-June, Company A decided to give Li, who was still in hospital, economic compensation equivalent to five months' salary, and immediately terminated the labor relationship with Li. Li believes that the company has violated its legitimate rights and interests, and entrusted an agent to apply to the labor dispute arbitration institution, requesting the arbitration institution to order the company to reissue sick pay during hospitalization and cancel the decision to terminate labor relations. After accepting the case, the labor dispute arbitration institution ruled that Company A reissued Li's sick pay during his hospitalization and revoked the decision to terminate the labor relationship immediately. 4. The employer shall not pay social insurance premiums in the form of wages to avoid the legal obligations of social insurance. A foreign-funded enterprise in a city agreed in the labor contract signed with its employees that employees receive monetary wages, social insurance premiums are included in their wages, and employees participate in social insurance on their own. After discovering this illegal act of labor security in the annual inspection of labor security, the labor security supervision brigade of this Municipality ordered the wholly foreign-owned enterprise to register and declare social insurance within a time limit and pay back the social insurance premium. 5. Unemployment insurance premiums shall be paid based on the total wages of the unit. The administrative department of labor and social security found in a social insurance law enforcement inspection that there is a big gap between the base of unemployment insurance premium paid by a company and its total wages. The labor and social security department asked the reason, and the enterprise explained that the enterprise pays unemployment insurance premiums based on the wages of urban workers recruited by the enterprise, and the wages paid to farmers' contract workers are not included in the base. The labor and social security department pointed out the mistakes of enterprises and made a decision to order them to pay unpaid unemployment insurance premiums. 6. Who should pay the pension? Case Chen Aimin was a temporary worker recruited by Supply and Marketing Cooperative/KLOC-0 in April, 1985, and became a farmer contract worker in October, 1994/KLOC-0. 1April 1985 to1February 1996, during her employment in Chen Aimin, the supply and marketing cooperatives collected 3% of Chen Aimin's total salary as a repatriation allowance and included it in the special account management. From 1996 to 65438+February, supply and marketing cooperatives began to pay social endowment insurance for Chen Aimin. With the deepening of social insurance legal publicity, people's awareness of social security has gradually improved. Chen Aimin deeply felt the importance of social security to himself. He thinks that he has worked in the enterprise for more than ten years, and the supply and marketing cooperatives have not paid him pension insurance, so he will receive less pension when he retires, which is an infringement on his rights and interests. At the beginning of 1997, Chen Aimin asked the supply and marketing cooperative to pay the endowment insurance during his temporary work. Supply and marketing cooperatives believe that Chen Aimin officially established a labor contract relationship with the supply and marketing cooperatives on 1996 12, with a term of five years. After signing the labor contract, the unit has paid the endowment insurance for it; During the period from1April 1985 to1February 1996, Chen Aimin was a farmer and businessman, and people with the same status in the whole supply and marketing cooperative system were not included in the scope of social insurance. During this period, the subsidy of 3% of his total salary can be refunded, and the supply and marketing cooperatives are not obliged to pay the old-age insurance. Therefore, the supply and marketing cooperatives refused to repay their pensions. At the beginning of 1997, Chen Aimin applied to the Labor Dispute Arbitration Committee for arbitration, demanding the supply and marketing cooperatives to pay the endowment insurance. The Labor Dispute Arbitration Commission rejected Chen Aimin's request. Chen Aimin refused to accept it and filed a lawsuit with the District People's Court. 1April 1997, the court held a public hearing to hear the first local civil lawsuit of endowment insurance, and ordered the supply and marketing cooperatives to pay social endowment insurance for Chen Aimin from August 1986. The Supply and Marketing Cooperative refused to accept this judgment and appealed to the Intermediate People's Court on June 1997+00. In the end, the Intermediate People's Court made a final judgment and upheld the original judgment. 7.[ Case] Li is the manager of a private transportation enterprise, and Zhao is the driver hired by him. 1September 1998, Li's friend Zhang asked Li to deliver a batch of goods for him, and Li appointed Zhao to complete it. The sooner you make a request, the better. The time can be decided by Zhao. In order to complete the task assigned by Li as soon as possible, Zhao sacrificed the holiday of "October 1" and stepped up transportation. 65438+1 October1After 9 o'clock in the evening, during the transportation, due to poor road conditions and fatigue for several days, I unfortunately collided and caused serious injuries. After the accident, Li arranged a special person to take care of Zhao in the hospital, and voluntarily paid all the medical expenses and wages of Zhao during his hospitalization, and specially sent 5,000 yuan of solatium to Zhao's family. Zhao's family thanked him for this, but due to the injury, Zhao was severely disabled after leaving the hospital and lost most of his working ability. In June last year, Zhao found Li and asked him to declare a work-related injury and enjoy work-related injury treatment. Li refused, and the two had a dispute and went to the local labor and social security department to solve it. Li pointed out that Zhao could not be counted as a work-related injury for three reasons: First, the work Zhao was engaged in when he was injured was arranged by himself, but it did not belong to the normal business scope of the enterprise. Second, Zhao was injured on holidays, and at night, not during working hours at all. Third, according to Article 10 of the Trial Measures for Industrial Injury Insurance for Enterprise Employees issued by the Ministry of Labor (No.266 issued by the Ministry of Labor [1996]): "Employees or their relatives who have suffered industrial injuries shall apply to the local labor administrative department for industrial injury insurance benefits within 15 days from the date of the industrial injury accident or the date of the occupational disease diagnosis. Under special circumstances, the application period can be extended to 30 days. " Zhao has far exceeded the time limit for applying for work-related injury identification, so he has no right to apply for work-related injury identification, and the labor and social security departments should not accept it again. After examination, the local labor and social security department quickly determined that the driver Zhao's injury was a work-related injury and should enjoy the relevant treatment of work-related injury insurance. 8. Maternity insurance payment needs to be implemented in accordance with government regulations. A joint venture participated in the local maternity insurance from 65438 to 0997 according to the regulations of the provincial government, and it was required to pay the maternity insurance premium to the local social security agency at a monthly rate of 0.7% of the total wages of Chinese employees in the enterprise. However, according to the enterprise's own regulations, the maternity insurance premium is levied on individual employees at 0.3% of each employee's monthly salary. The employees of this enterprise believe that the state stipulates that individual employees do not pay maternity insurance premiums. Therefore, reflect this situation to the labor arbitration department, and the labor department and the enterprise will hold consultations on this issue. 9. Should his medical expenses be reimbursed? Pan Qiang was originally the Minister of Supply and Marketing Department of Ma Jun Rubber Footwear Company (hereinafter referred to as Footwear Company). 65438+June 0985 was removed from the post of section chief by the shoe factory for accepting kickbacks privately, but still stayed in the supply and marketing department for sales. 1995 During the Spring Festival, Pan Qiang took his wife and children to Shanghai to visit his parents. During this period, Pan Qiang was admitted to the hospital for acute icteric hepatitis, and was discharged after 8 days of hospitalization/kloc-0. The total medical expenses were 54,785 yuan. After Pan Qiang returned to the unit, he asked the shoe factory to reimburse him with medical records, medical invoices and other related documents. Shoe enterprises told Pan Qiang to suspend reimbursement on the grounds of economic difficulties. In 65438+February of the same year, Pan Qiang was removed from the shoe factory because he was absent from work for 35 days. 1996 65438+200610.5, Pan Qiang found the shoe enterprise again and asked the shoe enterprise to reimburse his medical expenses during his hospitalization in Shanghai. The shoe factory refused to reimburse medical expenses on the grounds that Pan Qiang was not in the designated hospital and had been removed from the list. In the case of fruitless help from many parties, Pan Qiang filed an arbitration application with the Municipal Labor Dispute Arbitration Committee, demanding that the defendant shoe enterprise compensate for the medical expenses of 54,785 yuan. After accepting the case, the Municipal Labor Dispute Arbitration Commission immediately formed an arbitration tribunal to hear the case. After finding out the above facts, the two parties finally reached the following mediation agreement: ① The defendant shoe factory reimbursed the plaintiff for medical expenses during his stay in Shanghai? 5 yuan RMB; ② The arbitration fee shall be shared equally by both parties. 10, the social security payment base has a "tricky" case. The monthly salary of employees in a certain unit is about 4000 yuan, but the endowment insurance premium deducted from the salary slip is only a few tens of yuan. Li thought, does the unit deduct my old-age insurance premium less, which means that the unit has paid me less? Will I take less old-age insurance after retirement? Li's worry is justified. In fact, although the employer apparently paid the social insurance premium, it did not take the wage income actually paid by employees as the payment base, and underreported and concealed the total wages. 1 1 [Case] A company in a city recruited dozens of contract farmers. In August this year, five of them failed to renew their labor contracts with the company after their contracts expired, and they were unemployed. When they found that the urban workers who were unemployed with them could receive unemployment insurance benefits from social insurance agencies every month, they also applied to social insurance agencies for unemployment insurance benefits. The social insurance agency told them that their original enterprise did not pay unemployment insurance premiums for them when they joined the company, that is, the wages paid to them were not included in the base of paying unemployment insurance premiums. Therefore, they are not eligible to apply for unemployment insurance benefits. Therefore, these five people applied to the Labor Dispute Arbitration Committee for arbitration, demanding that their former enterprises pay unemployment insurance premiums for them, so that they can also enjoy unemployment insurance benefits as required. The Labor Arbitration Commission ruled according to the "Regulations on Unemployment Insurance" of this Municipality that farmers' contract workers are not covered by the unemployment insurance system, and enterprises should not pay unemployment insurance premiums for them. These five people refused to accept the arbitration and sued the people's court, demanding that the award of the Labor Dispute Arbitration Committee be revoked and that the enterprise pay unemployment insurance premiums for them. According to relevant laws and administrative regulations, the court ruled that enterprises should include the wages paid to farmers' contract workers in the base of paying unemployment insurance premiums, that is, pay unemployment insurance premiums for farmers' contract workers. 12. How to pay the "missing" pension for the elderly? Case Liu Jingqiu was originally a worker in a ventilation equipment factory (hereinafter referred to as the equipment factory), suffering from mild schizophrenia./kloc-0 retired in June 1996 with a monthly salary of 462 yuan. Liu Jingqiu's wife, Zhao, was originally a rural resident. She lived with Liu Laohan after she went through the formalities of "going from rural to non-rural" on 1980, and has been doing housework at home. After the old man retired, the old couple mainly relied on the pension issued by the equipment factory to maintain their lives. Liu Laohan and his wife gave birth to a daughter after marriage. When her daughter grew up, she married and lived in a foreign country. On June 9th, 1997, Liu Laohan learned that his daughter living in Shanghai was ill and hospitalized, so he went to visit by bus. Since then, his whereabouts have been unknown. 1April 20, 998 In view of the large number of retired employees, heavy burden and poor enterprise benefits, and the fact that Liu Jingqiu has been missing for seven months, the equipment factory stopped paying Liu Jingqiu's pension. After the retirement pension stopped, Zhao immediately found the equipment factory and asked the equipment factory to continue to pay Liu Jingqiu's retirement salary, but it was not resolved. Because of her daughter's difficult life, Zhao filed a complaint with the Municipal Labor Dispute Arbitration Committee in August of the same year, demanding that the defendant equipment factory continue to pay Liu Jingqiu's retirement salary. After accepting the complaint, the Municipal Labor Dispute Arbitration Commission shall immediately form an arbitration tribunal. On the basis of verifying the above facts, he presided over the mediation between the plaintiff and the defendant. Finally, the two sides reached an agreement as follows: the equipment factory will give Zhao a monthly living allowance of 200 yuan RMB until July 2006, 5438+0; The old man Liu Jingqiu reappeared and the equipment factory resumed paying his retirement salary. At this point, the case of pension disputes caused by the "disappearance" of the elderly has been satisfactorily resolved. 13 [Case] Zhang is a worker of a construction company and signed a five-year labor contract with the company. In August, 200 1 year, Zhang was injured in a construction, which was confirmed as a work-related injury by the local labor and social security administrative department, and was assessed as a five-level disability by the local labor appraisal Committee. In this regard, Zhang and his unit have no objection. Later, Zhang proposed to settle the industrial injury insurance benefits such as disability pension at one time and terminate the industrial injury insurance relationship. Through research, the unit to which he belongs agreed to Zhang's request, and in accordance with Article 24 of the Trial Measures for Industrial Injury Insurance for Enterprise Employees (No.266 issued by the Ministry of Labor [1996]), converted the disability pension, the work-related disability subsidy and the one-time disability subsidy according to the disability level on a monthly basis, paid Zhang's 20-year disability pension in one lump sum, and terminated the industrial injury insurance relationship with Zhang. Afterwards, Zhang's unit took Zhang's work-related materials to the local social insurance agency and asked him to pay the disability pension that the unit had paid to Zhang. In this regard, the social insurance agency only partially met Zhang's requirements in the unit, that is, paid Zhang's 16-month disability subsidy in one lump sum. Zhang's unit believes that we have participated in work-related injury insurance, and the disability pension we paid to Zhang belongs to the social insurance agency, which should return it to the enterprise in full. Zhang's unit applies for administrative reconsideration to the administrative department of labor security, which directly manages the institution. After examination, the administrative department of labor security maintained the practice of handling institutions.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.