Does Social Security Payment Require Staff To Give Evidence?
案例：
Miss Lee has been working in a publishing company for ten years. In the past ten years, the company has never paid social insurance for Miss Lee. At the end of 2007, as the new labor contract law was about to come into force, the company sought an excuse to dismiss Miss Li, and at the same time issued an economic compensation to Miss Li according to the law.
But Miss Li asked the company to make up for the social insurance, and then filed a complaint with the Arbitration Commission, asking the unit to pay social insurance for it. After being told that such disputes are not labour disputes, the Arbitration Commission will not accept them.
律師分析：
Before May 1, 2008, the arbitration committees at all levels and courts at all levels in Beijing were totally indifferent to social insurance cases, and they were divided into different types, which were handled and handled by social security centers and labor supervision respectively. In May 1, 2008, the labor dispute mediation and arbitration law came into effect. The law extends the acceptance of labor dispute cases, requiring social security cases to be accepted as labor dispute cases.
Miss Li in this case is just in time to catch up with what happened before May 1, 2008, so the Arbitration Commission will not accept it. But if the Arbitration Commission has accepted it, what kind of burden of proof should miss Li do in this case?
Some cases have been represented by the author. Some units have claimed that they do not know their employees and have never had any labor relations with their employees in order to avoid legal responsibilities. In this case, it is not ruled out that similar actions may be taken by the unit. If such behavior occurs, what evidence should be used as an employee to maintain a true vision of the original facts?
When the unit denies the existence of labor relations, as employees, it is obliged to prove that there has been labor relations between them. The most powerful evidence for proving labor relations is written labor contracts. Without this evidence, consideration can be given to evidence in social security relations or salary records. If not, consideration can be given to door card or access control card, recording, witness testimony, etc. Under the premise of the existence of labor relations, the unit has the obligation to pay various social insurance for employees.
Editor: vivi
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