标题: leaving financial officers yesterday to Jing Bao rebellion [打印本页] 作者: jf8xC2kDpF 时间: 2014-10-18 03:22 标题: leaving financial officers yesterday to Jing Bao rebellion Anissa and other 71 former employees after SDB, Shenzhen Development Bank found in ten years time, not according to their real wages amount to buy social security, leading them to leave or retire, the pension received is much lower than other employees . They complained to the City Social Security, was the council spent more than two years in the grounds of the complaint, make a decision according to the law no longer investigated. To this end, they are "not as" grounds,scarpe modello hogan, the city IESS court. Yesterday morning, Futian District Court held a public hearing the case.
[Cases] Origin
The indictment says
IESS
"Omission"
Anissa and other deep development 71 former employees in the indictment that they work for a dozen years, termination or retirement after the discovery in the deep development, many of them less than other units pensions retired employees. They carefully study found that this is their job, not the deep development of social security due in full for their purchase. Because labor arbitration and the courts do not accept cases not paid social security so that they can not directly sue the "old club" deep development, but only a complaint to the Human Resources and Social Security Bureau. City Social Security made the decision are: from the date of their departure, to lodge a complaint to the Social Security Administration, the complaint effectiveness has been more than two years, the city is no longer punished according to the law IESS.
Anissa and other agents for the case of 71 people in Guangdong East lawyer Jin Yan, Li Junde that: the provisions of Article 50, "the Shenzhen Special Economic Zone Employee Pension Insurance Act," the starting point Anissa, who complained that "knows or should be aware that violations ", SDB pay less social security act lasted ten years,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=viewres&target=166367/, but only on the basis of complaints IESS complaints during the day and over the years, they found more than a complaint period, is clearly contrary to the provisions of regulations. In fact,scarpe hogan prezzi, although the deep development since the beginning of the implementation of the social pension insurance since it is not always serious pension premiums paid in full facts, but never IESS investigation, shall be ordered to pay the pension premiums until Anissa et al. When leaving, SDB has not paid pension premiums in full accordance with the law for them. City Social Security which shall be in the annual inspection or routine visits to check in, to discover the deep development of non-payment of pension premiums by law. But the City Social Security has long dereliction of duty, leading to the development of deep violations continue to occur, such as 71 in the case of Anissa and other staff complaints, still refusing to perform their duties seriously damaged the legitimate rights and interests of 71 former employees.
Anissa and other 71 people requesting the court to revoke the city IESS undo "complaints about staff development issues for deep treatment decisions," re-make specific administrative act according to the law; while fully investigate SDB fully paid pension insurance, medical insurance, housing fund and corporate pension violations, ordered the deep development of 71 employees pay evasion, underpaid pension insurance, medical claims costs, housing fund.
[Link] regulations
Social security contributions
Existing standards
According to the "Shenzhen Special Economic Zone Employee Pension Insurance", enterprises should pay social security in accordance with the actual total monthly wages of employees, but if the employee's monthly salary is less than the total amount of Shenzhen City in the 60% annual average monthly wage of workers is (ie 2173 yuan - Shenzhen, according to the 2008 average wage for urban workers estimated), shall be in accordance with the standard 2,173 yuan to pay for low-income security at the end; If the employee's total monthly wage of workers is higher than the average wage in the month of 300% (10,863 yuan - According to the 2008 Shenzhen estimated average wage for urban workers), according to the standard fee to pay 10,863 yuan for high-income earners cap. In practice, many enterprises in order to save costs,prezzi hogan, between the lowest and highest,hogan outlet online, free to choose a low amount, purchase social insurance for employees.
[Focus] trial
Yesterday 9:30, the case in the Futian district court first formal court hearing. 71 former employees in addition to the deep development of the absence of a few people, the vast majority of people present at the hearing. IESS side is assigned a full-Guangdong Lawyer Yezhen Hong counsel respondent.
Focus
1
SDB whether underpaid employee social security?
71 former staff attorney:
Because SDB does not provide these employees payroll, so in order to prove actual income, should be based on the "Shenzhen Special Economic Zone social pension insurance regulations," provides that if there is a dispute on wages subject to the tax records. "Shenzhen Special Economic Zone Employee Pension Insurance Regulations," Article 50 states: "Enterprise violation of these regulations was submitted late,scarpe hogan outlet, pay less and do not pay pension premiums, employees can know or should know the rights of two years from the date of the infringement within the municipal labor and social security department or relevant complaints, reports, or you can apply directly to the labor arbitration arbitration institution. "For when it knew or should have known, IESS and the court shall protect employees from the perspective of respect for objective facts to understand, but can not considered employees picking up the default social security wages paid in full. SDB did not fulfill the obligation to inform the other, there is no social security so that when people buy a signature, the monthly wages directly into payroll accounts, payroll to employees did not provide a signature, there is no payroll to employees, so employees do not know how to give yourself SDB buy a lot of social security.
IESS's attorney:
The plaintiff filed a tax can not fully prove prove wages, because wages constitute a very complex and may also include benefits. Amount of individual wage deductions month clarity,http://www.ingc.jp,scarpe hogan donna outlet, the results are specific debit balance reflected in the wages of workers in the month. Due to the amount of deductions from employees will be able to infer the deduction is calculated wage base. Therefore,http://www.controltech.cn/bbs/home.php?mod=space&uid=11763, the workers pay for Social Security wage base month belongs to "know" or "should have known." Involving employees paychecks every month, equivalent to the default of this fact.
Focus
2
Complaints have no more than two years time,http://maqinwh.com/bbs/home.php?mod=space&uid=23307?
71 former staff attorney:
IESS think employees from the date of resignation or retirement, the IESS to lodge a complaint, the complainant has spent more than two years. In fact, 71 employees have repeatedly complained, not only to the City Social Security, and complaints to the Municipal People's Congress, the city of Letters and Visits Office,https://fis.encs.concordia.ca/helpdesk-cgi/quota.cgi, etc., but the City IESS only complaint with the last date - 2009 August 20. Its purpose is to allow employees' complaints over time, but does not achieve the purpose of punishment. City IESS know SDB retired employees complained to the government departments concerned, they themselves accept a few times, but they just made the last time as the "first",outlet hogan online, so complaints over two years of age.
IESS's attorney:
According to the Shenzhen Municipal IESS Letters and Visits Office investigation,http://forums.ilrcsf.org/viewtopic.php?f=15&t=67276, the case is part of the employee's first petition record is December 2, 2008, the number is two, the situation reflects the deep development issues complaint to purchase insurance dividends, followed by complaints of time is July 27, 2009, on the 29th, and August 26, the contents of the complaints are about the enterprise annuity problem, all these complaints are not related to pension and medical insurance. The earliest of these employees is a complaint to the city IESS Shenzhen Development in August 20, 2009 did not pay the full pension and medical insurance, so the city IESS finds that the earliest time for complaints and without undue time employees.
Focus
3
The deep development should be investigated?
71 former staff attorney:
Article 20 provides "Labor Security Supervision Regulations", "violation of labor protection laws, regulations or rules of behavior in the two years of labor and social security departments have not been found, it has not been reported, complaints, labor and social security administrative departments are no longer punished. Ago the period provided for in paragraph from the date of the occurrence of violations of labor and social security laws, regulations or rules of behavior calculation; violation of labor and social security laws,hogan interactive 2013, regulations or rules of conduct continuous or continuous,outlet scarpe hogan, self-calculated from the date of the end "of the agent. Lawyers say legal reason to use "continuous" or "continue" state requirement that certain government departments do not become afraid of walking a fine line as. Is a monthly salary, monthly wages do business,http://www.futrcommunications.com, it is not a continuous fat it? As a government department, how can misinterpret the law it? Moreover, this "continuous" or "continue" not only refers to wages,http://cgi.www5b.biglobe.ne.jp/~j-momiji/cgi-bin/aska.cgi??U?锟斤拷??I?, but to the deep development underpaid illegal evasion of its own continuity, continuity. According to the Guangdong Provincial High Court judicial interpretation, underpaid social security does not belong to the scope of the labor dispute arbitration, but the social security sector should be a complaint, the maximum term of protection of 20 years of civil law, as long as aging continues continuous, then it should be under- how much we should pay up.
IESS attorney:
Pension contributions are paid on a monthly basis for the time units, individuals and businesses share the burden. So pay pension insurance is like payroll, as a period of months, withholding installments, but not regarded as a continuing state. Social insurance obligations are fulfilled in monthly installments, to fulfill a certain period of time does not, does not affect other payment periods, so the installment obligations shall be according to each performance period applicable limitation periods respectively. According to the provisions of Article XX "Labor Security Supervision Regulations", as well as the provisions of Article 15, "the Shenzhen Special Economic Zone Employee Pension Insurance Regulations" illegal employer exceeds two years, the labor and social security departments are no longer punished. Because employees involved violations of the employer did not promptly report complaints, labor and social security department found that there was no violation of the above employer, so labor and social insurance institutions to exceed two years, social security violations, not punished.
□ similar experiences
Former vice president of Shenzhen Development Department
Social Security is also owed,hogan milano?
Yesterday, the Shenzhen Development 71 former employees sued the City IESS "not as" when the trial began, sitting in the gallery, vice president of Shenzhen Development Bank Credit Card Center Tianzhuo Ya original, although she is officially retired, and still active in the financial sector, but she also encounter unpaid social security. Tian Zhuoya has a title and is at the administrative level senior economist and retired from the vice president of Shenzhen Development Bank head office credit card position. October 2000, Tian Zhuoya as senior personnel were hired from Bank of China (Hong Kong) Limited. May 2008, 55-year-old retired from the deep development, only to find themselves only a monthly pension from Social Security received 3139.00 yuan, far below shall be entitled to social security benefits. Tian Zhuoya now appeal to the Shenzhen Intermediate People's Court, whether the hospital has not yet been filed reply.
Former Shenzhen Commercial Bank
Unpaid employee social security costs millions?
Another former Shenzhen Commercial Bank of anonymity, leaving financial officers yesterday to Jing Bao rebellion: from his grasp of financial data, the former Shenzhen Commercial Bank for all employees of the presence of non-payment of social security, as of 2006 December, the former Shenzhen Commercial Bank for non-payment of social security employees total fee is 160 million yuan.
Shenzhen Commercial Bank Branch former director of the company's business Religions, after the original acquisition of Shenzhen Ping An Insurance Commercial Bank "forced to leave." He told reporters that since April 1, 1999, he recruits Shenzhen Commercial Bank, to September 2007, the former Shenzhen Commercial Bank in arrears, his evasion of the social security fund and interest totaling 194,513.70 yuan.
Since 2007 onwards, the acquisition of Shenzhen Ping An Bank, commercial banks, reporter interviewed on the matter yesterday,scarpe hogan on line, Ping An Bank, the bank replies: 1, these employees reflect the problems of commercial banks belonging to the historical legacy period; 2, Ping An Bank after the merger of commercial banks ,scarpe online hogan, has been in full accordance with government regulations for employees to buy social security; 3, these employees reflect the problems, Ping An Bank will be in accordance with relevant laws, regulations and government regulations.
Edition have written: WANG Li-ming Wu Xin Jing Bao reporter