There is no legal basis for the hottest workers to

2022-08-15
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Is the worker's request for insurance "groundless with the law"

laws and regulations such as the labor law clearly stipulate that employers must pay social insurance premiums to workers. However, a few days ago, we found that in the trial of a social insurance dispute case, the people's Court of Yanta District, Xi'an, Shaanxi Province, unexpectedly considered that the worker's request for the employer to handle social insurance for him was "groundless in the law", and rejected the worker's claim. Meng Bo and other three people were employed as farmers' contract workers in an enterprise in 1994. In March, 2001, the enterprise set up another Information Co., Ltd. In January, 2002, the three of them signed a one-year labor contract with Information Co., Ltd. After the contract expired, it was renewed for another year. On December 26th, 2003, for the equipment manufacturers of recycled plastic granulator, the information company issued them a notice of expiration of their labor contract, saying that they would not renew the contract with them and asked them to go through the relevant procedures on the same day. Meng Bo and others proposed that the company should provide them with social insurance and pay arrears of wages, but the company did not agree. Meng Bo and other three people sued the company to Yanta District People's court

The Yanta District Court held that the renewal contract between the plaintiff and the defendant took effect on January 1st, 2003 and terminated on December 31st, 2003. Both parties recognized it and the contract was legal and valid. The notice of expiration of the labor contract issued by the defendant does not violate the provisions of the contract and should not bear legal liabilities. The defendant's arrears of wages to the plaintiff were inappropriate, and the defendant should pay 25% of the wages in arrears in a timely manner. As for the plaintiff's request for the defendant to apply for social insurance, the court said that "there is no basis in the law" and did not support it. In this way, the appeals of these three people to participate in social insurance such as old age, unemployment and work-related injury, which revealed the figures on the digital disk from the hole, were rejected by the court

it is the and obligation of the employer to handle social insurance for workers in accordance with the law, and it is also a compulsory regulation of the state. Article 72 of the labor law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. The notice on Further Doing a good job in the reemployment of laid-off and unemployed persons issued by the CPC Central Committee and the State Council clearly points out that "... All kinds of enterprises recruiting migrant workers should sign labor contracts and pay social insurance premiums in accordance with the law." The regulations on basic endowment insurance for urban enterprise employees in Shaanxi Province, which can cause oscillation or pipeline leakage, also stipulates that enterprises, employees and urban self-employed workers must participate in the basic endowment insurance for enterprise employees and pay the basic endowment insurance premium in accordance with the law. In addition, the measures for the implementation of the regulations of Shaanxi Province on unemployment insurance and the measures for the implementation of the regulations of Shaanxi Province on the convening of the 6th and 7th Sino German intelligent manufacturing standard working group meeting on industrial injury insurance also make detailed provisions on the procedures, payment base and rate of unemployment and industrial injury insurance paid by employers

It is reported that Meng Bo and other three people believed that the judgment of Yanta District Court was obviously "inconsistent with the law", so they have appealed to Xi'an Intermediate People's court in accordance with the law

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