Analysis On Endowment Insurance Payment Dispute Case

Using Analysis on Endowment Insurance Payment Dispute Case as title, this thesis includes four chapters except introduction and conclusion.The first chapter presents the overview of the case. The case, labor dispute between Li and a coal company in Sichuan, is the employer defaulted on its payment for retirement insurance and the employee sought legal remedy. And the case involves three issues: first, the attribute of legal relation to retirement insurance; secondly, the application of legal relation to retirement insurance;thirdly, the limitation of dispute to retirement insurance payment.The second chapter analyzes the legal attribute to retirement insurance. First, the property of legal relation to retirement insurance is about administrative contract, public request and administrative confirmation. This thesis adopts the point of administrative confirmation. Second,employers has obligation, which belongs to Labor Standards Law and attaches to labor contract, to pay retirement insurance for employees because of labor relationship. Thirdly, it is a breach to default in payment for employers, and the breach belongs to the labor dispute which can be accepted by court.The third chapter is related to the legal application of retirement insurance payment. In china,labor substantive law, procedural law and judicial interpretation have made stipulations to social insurance. Besides, Social Insurance Law and Social Insurance Premium Provisional Regulation have stipulated the payment of social insurance. But, the relevant laws and regulations haven’t clearly defined the civil liability of employers. Therefore, the court decision is based on the principle of good faith and the employee protection oriented. On this basis, payment liability,damages and preservation system are proposed.The fourth chapter is about the limitation of dispute to retirement insurance payment. First,the limitation system of labor dispute is ambiguous to starting point of limitation, the length of limitation period, and legal consequences. The limitation of two-year investigation in Labor Security Supervision Law is against to prevent employees. Second, the starting point of limitation should be in accordance with the termination time of labor relations and should be less than twoyears. Last, without public power intervention, the connection between labor arbitration and labor Supervision should entitle employees to make free choices.The fifth chapter, conclusion and Suggestions of this paper is to summarize the above chapters, after the analysis of the author put forward the conclusion of this paper and corresponding legislative Suggestions.