Work injury case analysis of social security contributions in arrears during the work injury can not be refused compensation

Ma was originally a pharmaceutical company in Dezhou City, Shandong Province, December 3, transferred to the local knitting company to work. December 22, the original unit of the pharmaceutical company for Ma made up for the February 2003 to December of the injury insurance premiums. January 31, Ma died at work, knitting company in February 21 to August 25, the period of eight times for the Ma made up for the June to January of the injury insurance premiums. On April 21, Ma was recognized as work-related injuries and deaths. However, when his relatives applied to the county social security agency for compensation for death at work, the higher-level social security agency gave the county social security agency the following approval: ? The work injury benefits for such injured workers should be paid by the employer. So, Ma's relatives filed an administrative lawsuit to the court, requesting that the defendant a county social security agency immediately pay Ma's compensation for death at work, and the third party knitting company to bear the corresponding responsibility.

The defendant social security agency argued that Ma mobilization during its arrears of fees has reached a year, should be regarded as a new insured employees, the death of its work should not pay insurance benefits according to law.

The third person knitting company argued that on December 22, Ma Mou in the original unit of social insurance procedures, and did not transfer to the knitting company in a timely manner, and then in the knitting company for the insurance process Ma Mou accident, knitting company should not be responsible.

The court of first instance held that the knitting company in the Ma more than 6 months after the death of the workplace, work-related injuries recognized more than 4 months after the work injury insurance premiums to the Ma death (January), so the relatives of the deceased requesting the defendant's social security institutions to pay compensation for the death of the workplace has no legal basis, do not support. On the relatives of the deceased asked the knitting company to assume responsibility, because it is not the scope of administrative litigation review, in December, the court rejected the relatives of the deceased at first instance. The relatives of the deceased were not convinced, to the Dezhou Intermediate Court appealed.

During the second trial, the Dezhou Intermediate Court found that the original judgment omitted the party that must participate in the litigation, that is, the defendant's higher social security institutions, and the local enterprises do not regularly pay back the cost of work-related injuries for the local social security institutions recognized for a long time, has formed a practice, and therefore considered that the social security institutions refused to pay the premiums in the case does not conform to the social insurance law and the "Regulations on Work-related Injuries Insurance". Finally, in the court's coordination, the county social security institutions and their higher social security institutions agreed to pay compensation for death at work, and reached an agreement with the relatives of the deceased, the case to the relatives of the deceased to apply for the withdrawal of the case was brought to a close.

Dezhou Intermediate Court judge that China's administrative licensing law and the State Council "comprehensively promote the implementation of the Outline of the administration of the law" requirements, administrative organs to comply with the principle of protection of the administrative law on the trust, that is, when the administrative relative of the administrative act of granting administrative action to the formation of trust worthy of protection, the administrative body shall not be arbitrarily withdrawn or repealed, or must be reasonably compensated for the administrative relative of the trust in the effective survival of the act. The benefits obtained by the administrative relative relying on the effective survival of the act. The administrative payment belongs to the typical beneficial administrative act. In this case, the local enterprises do not regularly make up the cost of work injury insurance for the social security agency has long been recognized, has formed a practice, as the families of the insured employees and insured units of the third person, the social security agency to pay the cost of work injury insurance has a reasonable expectation that the social security agency should pay the insurance premiums.

(Author unit: Shandong Provincial People's Procuratorate, Dezhou Intermediate People's Court)