Employees Are Required To Issue Direct Social Security Fees. The Company Is Guilty Of An Illegal Payment.

With the emergence of various new labor disputes, labor dispute trials are facing new situations, new problems and new challenges.

In the past two years, there are various types of labor dispute cases, but the proportion of employers losing the lawsuit is still very high.

How to promote the reasonable employment of employing units, avoid the risk of employment caused by poor management, create a good employment environment for the survival and development of enterprises, and guide workers and employers to safeguard their rights rationally?

In October 28, 2013, Xiao Yang entered a company to work. The labor contract between the two sides was signed from October 30, 2013 to October 29, 2014, including one month's probation period. The company implemented a standard working hour system for Xiao Yang's post, and the monthly salary for the probation period and the expiration date was 1320 yuan.

At the end of 2013, Xiao Yang applied for leave of absence on the grounds of "going home for the new year". In January 12, 2014, he issued a list of labor cost settlement, which claimed that all his labor expenses had been cleared up.

January 21, 2014, little Yang Xiang

An application for arbitration is proposed, which requires the company to make up the social insurance premiums for Xiao Yang during the period from October 2013 to December 2013.

The Labor Arbitration Commission ruled that the company should apply for social insurance registration for Xiao Yang to the social insurance agency according to law. Both parties should pay social insurance premiums to the social insurance premium collection agencies according to law.

The two sides refused to accept the ruling and referred to the people's court.

After the court heard that the company should apply for social security for Xiao Yang, both sides should pay the social insurance premium according to law.

After the first instance decision, the company refused to accept it.

To the central hospital.

The appeal said that the reason for the social insurance procedures and the payment of social insurance fees for Xiao Yang during the contract period was that Xiao Yang asked for the social security payments directly to himself.

After the trial, the court held that it was the legal obligation of the employer to handle the social insurance procedures and pay the social insurance premium according to the law. The company refused to handle the social insurance procedures for the workers on the ground that the laborers did not agree to register the social security procedures, and demanded that the social security payments be paid directly to the laborers, in violation of the law.

The original judgment company applied for the registration of social insurance for Xiao Yang to the social insurance agency, which was in conformity with the law and maintained the original judgment.

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