社会保险缴费争议是否应纳入仲裁范围
发布时间：2019-01-26 07:29
【摘要】：正案情简介赵先生是某市某公司员工,2006年7月入职,月平均工资4500元。从入职以来,公司均仅按照当地最低工资标准为基数缴纳社会保险,缴费基数从2006年的810元逐步调整到2012年的1500元,尽管赵先生多次向公司提出,要求按照其全额工资为基数缴纳社会保险,但公司一直不予理会。2012年3月中旬,赵先生以公司未依法足额缴纳社会保险为由,向公司提出解除劳动合同。随后,赵先生向当地劳动人事争议仲裁委员会申请劳动仲裁,要求公司依法为其足额缴纳社会保险,并要求公司支付解除劳动合同的经济补偿金。公司则抗辩称,社会保险费由公司和个人缴费两部分组成,由公司向该市社会保险中心缴纳。多年来,公司全部按照社平工资缴纳社会保险费,该市社会保险中心从未要求其整改过。
[Abstract]:Mr. Zhao is a company employee in July 2006, the average monthly salary is 4500 yuan. Since entering the service, the company has only paid social insurance on the basis of the local minimum wage, which has been gradually adjusted from 810 yuan in 2006 to 1500 yuan in 2012, although Mr. Zhao has repeatedly proposed to the company. Ask to pay social insurance according to its full wage base, but the company has been ignored. In mid-March 2012, Mr. Zhao proposed to the company to terminate the labor contract on the grounds that the company did not pay the social insurance in full according to the law. Subsequently, Mr. Zhao applied to the local labor and personnel dispute arbitration committee to apply for labor arbitration, asking the company to pay social insurance in full for it in accordance with the law, and to ask the company to pay economic compensation for the termination of the labor contract. The company defended that the social insurance premium was made up of two parts, the company and the individual, and paid by the company to the city's social insurance center. For many years, the company has paid social insurance premiums on equal wages, and the city's social insurance center has never asked it to be rectified.
【作者单位】： 上海市劳动人事争议仲裁院;安徽大学法学院;南京大学法学院;
【分类号】：D920.5;D922.5
，
本文编号：2415262
[Abstract]:Mr. Zhao is a company employee in July 2006, the average monthly salary is 4500 yuan. Since entering the service, the company has only paid social insurance on the basis of the local minimum wage, which has been gradually adjusted from 810 yuan in 2006 to 1500 yuan in 2012, although Mr. Zhao has repeatedly proposed to the company. Ask to pay social insurance according to its full wage base, but the company has been ignored. In mid-March 2012, Mr. Zhao proposed to the company to terminate the labor contract on the grounds that the company did not pay the social insurance in full according to the law. Subsequently, Mr. Zhao applied to the local labor and personnel dispute arbitration committee to apply for labor arbitration, asking the company to pay social insurance in full for it in accordance with the law, and to ask the company to pay economic compensation for the termination of the labor contract. The company defended that the social insurance premium was made up of two parts, the company and the individual, and paid by the company to the city's social insurance center. For many years, the company has paid social insurance premiums on equal wages, and the city's social insurance center has never asked it to be rectified.
【作者单位】： 上海市劳动人事争议仲裁院;安徽大学法学院;南京大学法学院;
【分类号】：D920.5;D922.5
，
本文编号：2415262
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