No Social Security Benefits Can Be Obtained After Having A Labor Contract But Not Actually Injured.

After signing a written labor contract for three years with a company, the company didn't let my husband go to work for half a year, and my husband didn't ask to go to work either.

Then, my husband died in an accident when he was driving a motorcycle.

Recently, in view of the fact that the company did not carry out the basic endowment insurance for my husband, I was unable to obtain funeral grants and pensions through the basic endowment insurance fund. I asked the company to pay compensation, but it was rejected.

The reason is that although the company signed a labor contract with my husband, it did not accept the management and command of the company and was engaged in the work of the company.

Because there is no actual employment, it is decided that the two sides have not really established labor relations. Naturally, they do not have to deal with the basic endowment insurance, and do not have to bear the relevant costs.

Excuse me, is the company's practice right?

The company's practice is not inappropriate.

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"Tenth and seventeenth stipulate:"

We should take part in the basic old-age insurance, and the basic old-age insurance premiums shall be paid jointly by the employing units and the employees. "

"Those who take part in the basic old-age insurance, whose death is due to illness or non work, may receive funeral grants and pensions. If they fail to reach the statutory retirement age, they may receive disability allowance because of illness or not completely disabled by their work disability.

The funds needed are paid from the basic endowment insurance fund. "

Interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three): Article 1: "the workers' court should accept the fact that the employer fails to handle the social insurance procedures for the employer, and the social insurance agency cannot make up for the reason that it can not enjoy the social insurance to be treated, and the employer has to pay compensation for the loss."

That is, employing units do have the obligation to handle basic old-age insurance for their employees.

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But it is worth noting that the employers' obligations are only employees with their labor relations.

Since there is no need for your husband to take basic pension insurance, you have no right to get funeral grants and pensions as a survivor, precisely because your husband and company have not yet established labor relations.

The reason for this is that labor relations refer specifically to the rights and obligations of employers who employ workers as members and workers to provide remuneration paid by the employing units under the management of employers.

To this end, the provisions of the seventh and tenth articles of the labor contract law stipulate that "the employer shall establish labor relations with the laborers from the date of their employment."

"In establishing labor relations, a written labor contract shall be concluded.

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

Where a labor contract is concluded between the employing unit and the laborer before the employment, the labor relationship shall be established from the date of the employment.

That is to say, a written labor contract is not an absolute criterion for judging whether or not a labor relationship is formed. Whether the establishment of labor relationship should be judged by whether the actual employment is considered or not.

Your husband did not work under the management of the company, or even did not ask for work. It means that there is no employment between them, and naturally there is no relevant substantive requirements.

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