Cases of unpaid social security compensation for 6 years

The employee has been employed for six years, and the employer fails to pay social security for him according to law. After the termination of labor relations, employees will take the employer to court. Although the employer strongly advocated that the limitation of action had passed, it was finally awarded compensation of nearly 65,438+10,000.

The amount of unpaid social security for six years is nearly 654.38 million.

On March 4th, 20 1 1, Zhang Moudong established a labor relationship with the defendant Yingkou Harbor Handling Co., Ltd., and agreed on a monthly salary of 5,000 yuan. The labor contract was terminated on March 3, 20 17. Later Zhang Moudong continued to work in the defendant's office until 2065438+April 2007. After the plaintiff left his post, he filed a labor arbitration with the Labor and Personnel Arbitration Committee. On June 4, 2011,the arbitration commission only made an award to pay economic compensation and overtime. Later, Zhang Moudong refused to accept the arbitration award and appealed to the court to ask the defendant to pay all kinds of social insurance in full. If the defendant can't pay, he should directly pay the plaintiff's due money as compensation for losses.

Can unpaid social security amount be used as compensation amount?

During the trial of the case, the defendant believed that the relevant social security fees that the employer should pay for the workers should be included in the relevant social security pooling account according to law, and the funds that should be used for public purposes should not be paid to individuals in violation of regulations. However, the court held that it was the legal obligation of the employer to pay all kinds of insurance according to law. The defendant did not fully fulfill his legal obligation to pay social insurance for the plaintiff and could not pay it back now, which violated the provisions of relevant laws and made the plaintiff lose social insurance benefits. The losses thus caused shall be borne by the defendant. The loss caused by the defendant's failure to pay social insurance in full to the plaintiff cannot be accurately calculated, and the amount of social insurance that the defendant should bear can be regarded as the plaintiff's actual economic loss.

Is it time for arbitration/litigation after the termination of labor relations?

During the trial, the defendant also claimed that after the laborer legally applied for social insurance, he held a social security card, and the employee could clearly understand the social insurance benefits and accumulated social insurance premiums under his name through the social security card under his name. Zhang Moudong always knew that he didn't have a social security card during his labor relationship. He should have the right and obligation to inquire about his payment from the defendant or the social insurance agency from the date of employment (20 1 1), and defend his rights through arbitration or litigation in time, instead of delaying the payment of social security fees. Therefore, the relevant limitation of action should be calculated from March 20 1 1 year.

In this regard, the court held that since the defendant's failure to pay social insurance is a continuous act of failing to perform legal obligations, the date of termination of labor relations should be the date when the appellant knew or should have known that his rights and interests were infringed, and Zhang Moudong had made a request for payment during the arbitration, which was also a written explanation to the social insurance agency. Due to the existing policy reasons, it is objectively impossible to handle the relevant social security payment procedures, and he once again filed a compensation lawsuit with the court. Therefore, there is no question of exceeding the statute of limitations in this case.

Referee result

To sum up, the court found that Zhang Moudong's request did not exceed the statutory limitation of action, and ordered the defendant to take the amount of social insurance he should bear as the actual loss of Zhang Moudong and compensate him for the loss of 92 135 yuan.

what do you think?

There is no luck before the law! Paying social security should be the legal obligation of the employer, and any sophistry can't be shirked. However, as workers, we should also pay attention to exercising our rights. Although the amount of social security that should be paid can be used as the basis for determining the amount of compensation, if you are not insured, it will always affect the rights and interests that will accompany you throughout your life. what do you think?