The court shall not apply to social security cases, litigation prescription system

Authors: Niu Xinlong

   A social insurance disputes, the court

   Social insurance disputes before, do not belong to the labor arbitration and court civil cases the scope of accepting cases. The competent labor administrative department and the court thinks, pay social insurance administrative law obligations, rather than civil obligation. So this kind of disputes by administrative law enforcement agencies, the competent labor administrative authorities under the labor inspection team to accept.

   In addition, theoretically speaking, whether employers for workers to pay social insurance, and the employee has no direct interest relationship, does not belong to the scope of civil cases. Some insurance, such as industrial injury insurance, namely the use of the unit shall pay the laborer is lifelong, but most do not enjoy. Only the workers cannot enjoy the insurance benefits for the employer fails to pay social insurance, workers caused losses, the direct relation between the employers and workers do not act loss. Based on this, before the relevant judicial interpretations of the Supreme Court of the relevant provisions of the law of restrictive interpretation, the court only accepted by the employer fails to pay social security, the workers can not enjoy the benefits of insurance, social insurance disputes cause laborer loss. The judicial interpretation has effectively.

   In Beijing, the implementation of the labor contract law at the beginning, the social security dispute case is accepted by the labor inspection team, labor arbitration is not accepted. Later, the labor arbitration mechanism began to accept this kind of case, the court began accepting this kind of cases.

   Two, the court case does not apply the prescription system of social security

   According to the relevant provisions of the law, whether the labor arbitration or court hearing labor dispute cases, are applicable to aging related, limitation of arbitration for one year, the limitation of action for two years. But the court recently trial results show that, the unpaid social insurance disputes cases not suitable prescription system. If the employer fails to pay social insurance for workers, pay on time within the sentence, is sentenced, aging is found outside.

This change in practice, please pay attention to the employing unit and the laborer.