How Can We Dismiss Sick Workers Without Paying Social Security?

During the duration of labor relations, employers and workers must participate in social insurance and pay social insurance premiums.

Wu Guiqiao coal mine, as an employer, has a statutory obligation to pay social insurance premiums for workers.

Whether the workers are willing to participate in social insurance is contrary to the provisions of the labor law. It still has the obligation to handle and pay social insurance premiums for Lv Wensheng.

Lv Wensheng, a coal mining worker in Zhumadian Wu GUI Qiao Coal Mine Co., Ltd. (hereinafter referred to as Wu GUI Qiao coal mine), told reporters that he went to the coal mine in 2009 and did not formally sign a labor contract until 2011.

In June 2014, Lv Wensheng asked for a sick leave because he felt uncomfortable.

In the case of Wu GUI Qiao coal mine, Lv Wensheng still insisted on going to the hospital for treatment.

"They are too unreasonable to ask for leave if they are sick." Lv Wensheng showed his medical records to the reporters when he was in hospital. The above showed that the examination results were two old tuberculosis of the lung, and whether it was occupational disease, Lv Wensheng did not explain it.

In October 2014, Wu GUI Qiao coal mine unilaterally terminated the labor contract on the grounds of Lv Wensheng's unauthorized departure, and informed Lv Wensheng by SMS.

Lv Wensheng was very angry and submitted an arbitration application to the Zhumadian labor and personnel dispute arbitration committee.

Wu GUI Qiao coal mine is required to pay the economic compensation and pay the pension, medical, work-related injury and unemployment insurance benefits from November 2009 to June 2014.

After hearing the case, the arbitral body made an arbitral award of No. 2014, No. 204, ruling the Wu GUI Qiao coal mine to pay Lv Wensheng's economic compensation of 26880 yuan, and to pay Lv Wensheng's pension, medical, work-related injury and unemployment insurance premiums from November 2009 to June 2014 (excluding personal payment).

Wu Guiqiao coal mine disagrees.

A lawsuit was brought to the court of Zhumadian City, requesting the cancellation of the arbitral award made by the Zhumadian labor and personnel dispute arbitration commission.

In court, the principal agent of Wu GUI Qiao coal mine presented the labor contract signed between Lv Wensheng and the company in 2011 and the questionnaire of whether the workers were willing to have social security in the Wu GUI Qiao coal mine. Lv Wensheng was filled out as "no" in the insured column.

In this regard, Lv Wensheng's explanation is that if the "no" is not filled, Wu GUI Qiao coal mine will not sign labor contracts with them.

In order to prove that he had worked in Wu GUI Qiao coal mine in 2009, Lu Wen also submitted to the court for his own coal mine in Wu Guiqiao coal mine in 2009.

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After the court hearing, the district court held that the two sides considered the two sides.

The occurrence time shall be based on the time specified in the wage documents submitted by Lv Wensheng.

At the same time, according to the relevant provisions of the labor contract law, the employer may not terminate the labor contract during the sick medical treatment period. Although Lu Wen Sheng did not leave the post for medical treatment without the consent of the unit, Wu GUI Qiao coal mine could not terminate the labor contract with Lv Wensheng on this grounds. His dissolution of the labor contract violated the law and the employer should pay compensation in accordance with the law.

In November 13th, according to the provisions of the seventy-second articles of the People's Republic of China labor law and the thirty-eighth labor contract law of the People's Republic of China, forty-second, forty-sixth, and forty-seventh articles, the court of Yicheng District made (2015) the judgement of the 1272nd grade of the local people's first grade. It was decided that: 1. Wu GUI Qiao coal mine limited company paid an economic compensation of 26880 yuan to Lv Wensheng within thirty days after the judgment came into effect.

Two. Wu GUI Qiao coal mine limited company paid the defendant Lv Wensheng's pension insurance, medical insurance and unemployment insurance premiums from November 2009 to June 2014 within thirty days after the decision came into effect (excluding personal payment).