Will the court prosecute the social security case?

Will the court prosecute the social security case?

Will the court prosecute the social security case?

The court should not accept social security cases. When the social insurance problem of workers can be solved by administrative means or other management functions of the local social insurance management department, the judicial organs should not interfere too much.

1. Generally speaking, the employer has gone through the social insurance formalities for the employee, and the dispute between the employer, the employee and the social insurance institution is a collection dispute, which belongs to the administrative management category and has the nature of social management, and does not belong to a single social insurance dispute between the employee and the employer.

Second, the Supreme People's Court Gan Zi No.416 "Request for Instructions on the Case of Wang and a Company's Labor Dispute Application for Retrial" shows that the collection of social insurance premiums belongs to the legal responsibility of the social insurance premium collection department and does not belong to the scope of civil cases accepted by the people's courts. The people's court may issue a judicial proposal to the relevant social insurance premium collection department, suggesting that it strengthen investigation and study on the insurance premium collection issues involved in the current disputes between employers and workers due to social insurance, properly handle similar problems, and protect the legitimate rights and interests of the parties according to law.

Third, although the laborer can't bring a lawsuit to the court for paying back the social insurance, in addition to seeking the local social insurance administrative department or social insurance agency to deal with it according to law, the laborer can also bring a lawsuit to the court for the loss caused by the employer's failure to pay social insurance for the employee, demanding compensation from the employer. For example, Article 4 1 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if the employer fails to pay the work-related injury insurance premium according to law, the employer shall pay the work-related injury benefits in case of an accident. The second paragraph of Article 62 of the Regulations on Work-related Injury Insurance stipulates that if an employee of an employer who should participate in work-related injury insurance according to the provisions of this Ordinance suffers from work-related injuries, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in this Ordinance.

Therefore, if there is a social security dispute between the employee and the employer at work, they can go to the local social insurance administrative department and the social insurance premium collection agency to request to handle or change the litigation request according to law, and then bring a lawsuit to the court. This is very important knowledge for workers, which is related to their legitimate rights and interests.