make a decision according to the law no longer investigated. To this end

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Anissa SDB and other 71 former employees, found that Shenzhen Development Bank in ten years time, not according to their real wages amount to buy social security,Louboutin Mariage, leading them to leave or retire,http://www.hongshulin1688.com/news/html/?3947.html, receive a pension much lower than other employees . They complained to the City Social Security, it was the council to more than two years of complaints by aging, make a decision according to the law no longer investigated. To this end,http://moodle.ndna.org.uk/login/index.php?item/create_form/1, they are "not as" an excuse to IESS court. Yesterday morning, Futian District Court heard the case publicly.
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[Case originated]
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The indictment alleges
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IESS
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"Omission"
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Anissa 71 SDB and other former employees said in the indictment, they work more than ten years, 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 the 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 can only complain to the city human resources and social security bureau. IESS decision is made: from the date of their departure, to the Social Security Administration complaint, the complaint effectiveness has been more than two years, the City Social Security no longer punished according to the law.
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Anissa et al 71 as the case agent Guangdong East Jinyuan Lawyer Jin Yan, Li Junde that: Article 50 of the "Shenzhen Special Economic Zone Employee Pension Insurance Regulations", the starting point of Anissa, who complained that "knows or We should know that violations ", SDB underpaid social security act lasted more than a decade, but only on the basis of complaints IESS day period and complaints over two years, they found more than a complaint period, a clear violation of regulations. In fact, although the deep development since the beginning of the implementation of the pension onwards, there is always a serious pension premiums not paid in full the facts, but never IESS investigation, ordered to pay pension premiums, until Anissa et al When leaving, SDB pension premiums not yet paid in full accordance with the law for them. City Social Security each year which shall be annual or daily visits to check the timely detection of SDB fails to pay pension premiums in accordance with law. But the City Social Security has long-term dereliction of duty, leading to the development of deep violations continue to occur, in the case of Anissa and other employees and other 71 complaints, still refusing to perform their duties seriously damaged the legitimate rights and interests of 71 former employees.
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Anissa and other 71 people requesting the court to revoke the City Social Security revoked "on the complaint of SDB staff issues the decision" to re-specific administrative act according to the law; while fully investigated SDB fully paid pension insurance, medical insurance, housing fund and annuity violations, ordered SDB 71 employees pay evasion, underpaid pension insurance,Louboutin Soirée, medical reimbursements, housing fund.
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[Link] Regulations
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Social security contributions
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The current standard
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Under the "Shenzhen Special Economic Zone Employee Pension Insurance",Louboutin Souliers Plat, enterprises should pay social security in accordance with the actual total monthly salary of employees, but if the total is less than the monthly wage of employees in Shenzhen City 60% post annual average monthly wages (ie 2173 yuan - Shenzhen, according to the 2008 average wage for urban workers, estimated),http://www.cnmoter.com/forum.php?mod=viewthread&tid=511200&fromuid=21517, should be in accordance with the standard 2,173 yuan to pay for low-income security at the end; if the employee's total wages higher than the average monthly wage of workers in the post-month 300% (10,863 yuan - According to the 2008 Shenzhen estimates the average wage for urban workers), in accordance with the standard fee to pay 10,Louboutin Baskets Femme,863 yuan for high-income earners cap. In practice, many enterprises in order to save costs, between the lowest and highest, free to choose a low amount, purchase social insurance for employees.
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[Trial focus]
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9:30 yesterday,http://www.0451shangzhi.com/forum.php?mod=viewthread&tid=365619&fromuid=20281, the case in the Futian district court hearing the first court official. 71 former employees of SDB in addition to 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.
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Focus
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1
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Shenzhen Development staff is underpaid social security?
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71 former staff attorney:
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Because SDB does not provide these employees payroll, then in order to prove actual income, should be based on the "Shenzhen Special Economic Zone Regulations social pension insurance" stipulates that if there is a dispute on wages subject to tax records. "Shenzhen Special Economic Zone Employee Pension Insurance Regulations," Article 50 states: "Enterprises in violation of the regulations late, pay less and do not pay pension insurance premiums,Louboutin Mary Jane, employees can or should have known of the infringement of the rights of two years from the date within the municipal labor and social security departments or other relevant departments complaints and reports, you can apply for arbitration directly to the labor arbitration. "For when it knows or should know, IESS and courts should protect employees from the point of view, respect for objective facts to understand, but can not that the employees received their wages, Social Security paid their acquiescence. Another SDB did not fulfill the obligation to inform, and not let employees buy social security signature, the monthly wages directly into the salary account without providing payroll to employees signature, nor payroll to employees, so employees do not know how to give yourself SDB how much to buy social security.
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IESS attorney:
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Tax submitted by the plaintiff to prove not fully prove wages, because wages constitute a very complex and may also include benefits. Month salary deduction amount of personal clarity, the results are particularly reflected in the debit balance of wages of workers in the month. Because staff from the debit amount can be inferred calculation deduction wage base. Thus, employees of the month to pay the social security wage base are "know" or "should have known." Monthly paychecks of employees involved, it means the default of this fact.
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Focus
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2
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Complaints have no more than two years aging?
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71 former staff attorney:
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IESS think employees from the date of resignation or retirement, to lodge a complaint to the IESS, complaints aging for more than two years. In fact, 71 employees have been repeated complaints, not only to the City Social Security, and a complaint to the Municipal People's Congress, the city of Letters and Visits Office, etc., but the City Social Security only with the last complaint Date - The August 20, 2009. Its purpose is to allow employees time-barred complaints, do not achieve the purpose of punishment. IESS know SDB retired employees complained to the government departments, they themselves accept a few times,http://www.hplulu.com/forum.php?mod=viewthread&tid=1456004, but they just made the last time the "first", so complaint over two years of age.
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IESS attorney:
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According to the Shenzhen City Social Security Office of Letters and Visits investigation, the case is part of the employee's first complaint record is December 2, 2008, the number is two, reflected the deep development of complaints participating insurance purchase, after which time complaints is July 27, 2009, 29 and 26 August, the complaint is about the problem of enterprise annuity, all these complaints are not related to the pension and medical insurance. And these employees originally complained to the City IESS in Shenzhen Development Bank 20 August 2009 did not paid the pension and medical insurance, and therefore finds that the time IESS earliest time employees and no complaints properly.
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Focus
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3
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The SDB should be investigated,http://www.tenipa.net/16/cgi-bin/memo/apeboard_plus.cgi?command=read_message&msgnum=90/?
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71 former staff attorney:
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Article 20 of the "Labor Security Supervision Regulations", "violation of labor security laws, regulations or rules of behavior in the two years of labor and social security departments have not been found, but also not to report complaints of labor and social security administrative departments will no longer investigate before the time limit prescribed, from the date of occurrence of the violation of labor security laws, regulations or rules of conduct calculated; violation of labor security laws, regulations or rules of conduct continuous or continuous, self-calculated from the date of the end of "the agent. lawyers say the legal reason for using "continuous" or "continue" state regulations, is the fear of some government departments do not become as walking a fine line. Is a monthly salary, do business monthly wages, it is not continuously send it? As a government department, how can misinterpret the law do? Moreover, this "continuous" or "continue" not only refers to wages, but to pay less evasion offenses SDB itself continuity, continuity. According to the Guangdong Higher People's Court judicial interpretation,http://211.86.128.2/gjjl/Review.asp?NewsID=595, to pay less 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 is 20 years of civil law, as long as the continuous aging continues, then it should be less how much you should pay up.
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IESS attorney:
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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, installment withholding, and can not be considered persistent state. Social insurance is compulsory in monthly installments performed, a period of performance is not the time, does not affect other payment periods, so the staging obligations shall be according to each of the performance period of limitations, respectively. According to Article XX "Labor Security Supervision Regulations", and Article 15 of the "Shenzhen Special Economic Zone Employee Pension Insurance Regulations" illegal employer exceeds two years, the labor and social security departments will no longer investigate. Because employees involved violations of the employer did not report complaints of labor and social security departments at that time also found no violation of the above employers, so labor and social insurance institutions to exceed two years, social security offenses, no investigation.
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□ similar experiences
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Former vice president of Shenzhen Development Sector
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Non-payment of social security also?
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Yesterday, Shenzhen Development Bank 71 former employees sued the City Social Security "omission" when the trial began, the gallery sat former vice president of Shenzhen Development Credit Card Center Tianzhuo Ya, though she is officially retired,http://bbs.artsbj.com/home.php?mod=space&uid=517631, and still active in the financial sector, but she also encounter unpaid social security. Tian Zhuoya has a title and is at the executive level, senior economist and retired from the head office credit card SDB vice president positions. October 2000, Tian Zhuoya as senior personnel, was hired from the Bank of China (Hong Kong) Limited. May 2008, 55-year-old from Shenzhen Development  retirement, only to find himself just a month from social security pension received 3139.00 yuan, far below should enjoy social security benefits. Tian Zhuoya has been appealed to the Shenzhen Intermediate People's Court, whether the hospital has not yet been filed reply.
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Former Shenzhen Commercial Bank
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Non-payment of social security costs hundreds of millions of workers?
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Another former Shenzhen Commercial Bank of anonymity yesterday to finance staff separations rebellion Jing Bao: from his mastery of financial data, the former Shenzhen Commercial Bank for all employees of the presence of non-payment of social security, by 2006 In December, the former Shenzhen Commercial Bank employees total unpaid social security fee of 160 million yuan.
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Shenzhen Commercial Bank branch in the former business director of Religions, after the original acquisition of Shenzhen Ping An Insurance Commercial Bank "forced to leave." He told reporters that since April 1, 1999 he was recruited Shenzhen Commercial Bank, to September 2007, the former Shenzhen Commercial Bank in arrears, his evasion of social security funds and interest totaling 194,513.70 yuan.
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Since 2007, the acquisition of Shenzhen Ping An Bank, Commercial Bank, reporter interviewed on the matter yesterday, Ping An Bank, the bank's reply: 1, reflecting the above-mentioned problems of employees belong to historical issues during commercial bank; 2, Ping An Bank after the merger of commercial banks , has been in full accordance with government regulations for employees to buy social security; 3, said staff reflect the problems, Ping An Bank will be in accordance with relevant laws and government regulations.
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Edition have written: WANG Li-ming Wu Xin Jing Bao reporter