Sac a main Chanel/sac de chanel/-71 Bank as a form

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Anissa so deep before the development of 71 employees, found that Shenzhen Development Bank in ten years time, not by the amount of their wages to buy the real social security, leading them to leave or retired, received old-age insurance Gold is much lower than other employees. IESS their complaints to the city, he was the council spent more than two years to the grounds of complaint, no investigation of the deal to make the decision according to law. To this end, they Yesterday morning, the Futian District Court heard the case publicly.
【Origin】 case

indictment

IESS

Shenzhen Development Bank in the indictment of 71 former employees said they worked in the deep development of ten years, found after separation or retirement, their pension than a retired employee of the other units in a lot less. They carefully study found, it is their job, the deep development of social security is not bought for their full due. Because of labor arbitration and the courts do not accept the cases are not paid social security, so that they can not directly sue the City made the decision IESS is: from the date they leave to make a complaint to the Social Security Administration, the effectiveness of complaints over two years, the City shall not investigate IESS.
71 agents such as Anissa Guangdong Dong Fang Jinyuan case law firm Jin Yan, Li Junde said: The starting point is a requirements. In fact, although the deep development since the introduction of social pension insurance and since then, there is always a serious old-age insurance is not paid in full the facts, but not city IESS investigation, ordered to pay the pension premiums, until such Anissa people leave, the Shenzhen Development Bank in full accordance with the law for them not to pay pension premiums. City IESS inspection which shall be an annual or daily visits in the inspection, to detect SDB endowment insurance is not paid according to law. But the city has long-term dereliction of duty IESS, leading to the development of the violations continued to occur deep in the Anissa and other staff complaints and other 71 cases, still refuse to perform their duties seriously damaged the 71 former employees of the legitimate rights and interests.
Anissa other 71 requested the court to revoke a decree abolition of the Urban IESS insurance, medical insurance, housing fund and corporate pension violations, ordered the development of deep evasion pay for 71 employees, pay less pension insurance, medical claims costs, the housing provident fund.
link】【Laws

Social Security tax

current standard

under the Company employees shall pay the actual monthly pension payroll, but if the total monthly wage of employees is lower than the year in the Shenzhen City the average monthly wage workers is 60% (ie 2,173 yuan - Shenzhen, according to the 2008 average wage of urban workers and social estimates) should be paid in accordance with the standard 2,173 yuan for low-income security at the end; If the employee's monthly salary higher than the total average monthly wage of workers is 300% (10,863 yuan - the year 2008, Shenzhen, according to the social average wage for urban workers measured) , according to 10,863 yuan to pay the standard charge for high-income cap. In practice, many enterprises in order to save costs, in between the minimum and maximum are free to choose a low limit for staff to purchase social security.
focus】【trial

9:30 yesterday, the case in the Futian District Court first formal court hearing. 71 Shenzhen Development absence of former employees in addition to a few people, the overwhelming majority of people took part in the trial to appear in court. IESS side assigned to the whole of Guangdong in the law firm Yezhen Hong respondent counsel.
Focus

1

SDB is underpaid employees social security?
71 former staff attorney:

because the development does not provide deep payroll of these employees, then to prove the actual income, should be based on If there are disputes on wages subject to tax records. within the municipal labor and social security department or other relevant complaints and reports, or directly to the labor arbitration body for arbitration. that employees receive the wages paid to full social security by default. Shenzhen Development also did not fulfill the obligation, to buy social insurance for employees did not sign, the monthly wages of wages directly into the account,[link widoczny dla zalogowanych], did not provide payroll to the signature, there is no payroll to employees, so employees do not know how deep the development of how much to buy their own social security.
IESS's attorney:

the plaintiff to submit a tax certificate and can not fully prove that wages because wages constitute a very complicated and may include benefits. The amount of monthly deductions from individual wage clarity, the results of charge the month of wages to workers specifically reflected in the balance. As the amount of employees will be able to infer from the charge calculation of the deduction wage base. Therefore, the staff of the month to pay social security wage base are Monthly salaried employees involved, this fact is tantamount to default.
Focus

2

complaints have more than two years time?
71 former staff attorney:

IESS that employees from the date of separation or retirement, to make a complaint to the IESS, the complainant spent more than two years. In fact, 71 employees have been repeated complaints, not only to the city social security bureau, and to the Municipal People's Congress, Municipal Office and other complaint letters, but the city just IESS complaint with the last date - August 20, 2009. Its purpose is to make employees more than complaints aging, and achieve the purpose is not punishment. Shenzhen Development Bank IESS know retired city employee complained to the government departments concerned, they accepted a few times myself, but they just made the last time for the
IESS's attorney:

IESS according to the Shenzhen City Office of Municipal Investigation petition, the case records of some of the staff's first petition was December 2, 2008, the number is They reflect the situation is to purchase participating insurance complaints SDB issues, followed by the time the complaint is July 27, 2009, 29 and 26 August, the contents of the complaints were about the issue of enterprise annuity, all of which complaints are not covered by endowment insurance and medical insurance. The earliest of these employees in August 20, 2009 complaint to the city of Shenzhen Development Bank IESS not paid in full old-age insurance and medical insurance, so the city IESS staff determines that the time for the first time and without undue complaint.
Focus

3

development of the investigation should not be deep?
71 former staff attorney:

departments found, also not reported, the complaint, the labor security administrative departments will no longer investigate. preceding paragraph, the time limit for the violation of labor protection laws, regulations or rules of the date the act; violation of labor protection laws, rules or regulations conduct a continual or continuous state of their own date for the end. Is a monthly wage, the monthly wages do business, it is not continuous hair? As a government department, how can misinterpret the law? Moreover, this According to the Guangdong Provincial High Court's judicial interpretation, or pay less social security of the dispute does not belong to the scope of labor arbitration, but the complaint should be the social security sector, the maximum term of protection of civil law for 20 years continuously as long as time continues, then it should be less How many will make the number of pay.
IESS attorney:

pension insurance contributions are paid monthly for the time units, individuals and businesses share the burden. So just as the payment of pension payment of wages, as a period of months, staging withholding,[link widoczny dla zalogowanych], and not regarded as a continuing state. Social insurance obligations are in monthly installments, the performance is not a period of time, without affecting the other phases of the payment, so the staging obligations, it should be according to the performance of each of the respective periods of limitations. According to the As employees of the employer involved did not timely report violations of complaints, the labor security department at the time found no violation of the employer over the situation there, so the labor and social insurance institutions in excess of two years of social security violations, not punished.
□ similar experiences

primary sector vice president of Shenzhen Development Bank

was outstanding social security?
yesterday, SDB 71 IESS former employee sued the City, In the financial sector, but she also suffered non-payment of social security. Tian Zhuoya senior economist with the title and is now the administrative level, and from the vice president of Shenzhen Development Bank's head office credit card retiring. October 2000, Tian Zhuoya as senior personnel, was from the Bank of China (Hong Kong) Limited hired. May 2008, 55-year-old Tian Zhuoya the development of retirement from deep, found that he received a monthly pension from the social security is only 3139.00 yuan, far below should enjoy social security benefits. Tian Zhuoya now appeal to the Shenzhen Intermediate People's Court, whether the hospital has not yet been placed on file the reply.
original Shenzhen Commercial Bank

of millions of non-payment of employee social security costs?
original Shenzhen Commercial Bank, another of anonymity yesterday, leaving finance staff tip lines to the Jing Bao: from his grasp of financial data, the original staff of Shenzhen Commercial Bank are there for all non-payment of social security situation, as of December 2006, the original staff of Shenzhen Commercial Bank for the total amount of unpaid social security fees of 1.6 million.

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