Cases of unpaid social security prosecution judgment

Legal analysis: Zhang sued the court of first instance for failing to pay the old-age insurance for a company, demanding that a company pay the old-age insurance premium of 7 1078.8 yuan from June 2006 to March 2009. After the first and second trials, Zhang's request was not supported by the court.

Zhang refused to accept the judgment of the second instance and applied for retrial. After examination, the retrial court held that it was only within the court's scope to claim damages from the employer because the social insurance agency could not make up the social insurance benefits, excluding the case that the employee asked the employer to pay social insurance premiums. In this case, the dispute between Zhang and a company due to the payment of social insurance premiums does not belong to the scope of the people's court. Therefore, Zhang's application for retrial was rejected.

Legal Basis: Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases (1) Article 1 The following disputes between laborers and employers belong to labor disputes. If a party refuses to accept the ruling made by the labor dispute arbitration institution and brings a lawsuit according to law, the people's court shall accept it:

(5) A dispute in which the employee demands the employer to compensate for the loss on the grounds that the employer fails to handle the social insurance formalities for him and the social insurance agency cannot make up for it;

(six) after retirement, the dispute with the original employer who has not participated in the social overall insurance on the claim for pension, medical care, work injury insurance benefits and other social insurance benefits;