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Reply of the Research Office of the Supreme People's Court on Issues concerning the Application of Law to a Petition for Retrial of a Labor Dispute Case between Wang (First Name Withheld) and a Company [Effective]
最高人民法院研究室关于王某与某公司劳动争议纠纷申请再审一案适用法律问题的答复 [现行有效]
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Reply of the Research Office of the Supreme People's Court on Issues concerning the Application of Law to a Petition for Retrial of a Labor Dispute Case between Wang (First Name Withheld) and a Company

 

最高人民法院研究室关于王某与某公司劳动争议纠纷申请再审一案适用法律问题的答复

(No. 31 [2011] of the Research Office of the Supreme People's Court on March 9, 2011) (法研[2011]31号 2011年3月9日)此人家庭地位极低

Higher People's Court of Gansu Province: 甘肃省高级人民法院:
Your Request for Instructions on Issues concerning the Application of Law to a Petition for Retrial of a Labor Dispute Case between Wang (First Name Withheld) and A Company (No. 416 [2010], Civil Retrial Petition, HPC, Gansu Province) has been received. Upon deliberation, the following reply is hereby made: 你院(2010)甘民申字第416号《关于王某与某公司劳动争议纠纷申请再审一案适用法律问题的请示》收悉。经研究,答复如下:
In general, we agree to the first opinion of the judicial committee of your court, that is, in accordance with the relevant provisions of the Labor Law of the People's Republic of China and the Interim Regulation on the Collection and Payment of Social Insurance Premiums, the collection and payment of social insurance premiums fall within the statutory functions of the departments of collection and payment of social insurance premiums, and do not fall within the scope of civil cases accepted by the people's courts. In addition, you may issue judicial recommendations to the relevant departments of collection and payment of social insurance premiums in consideration of the actual circumstances of this case, recommending that they strengthen investigation and research on the current issues concerning collection and payment of insurance premiums involved in the social insurance disputes between employers and employees, properly address similar issues and protect the lawful rights and interests of relevant parties in accordance with the law.北大法宝,版权所有

 原则同意你院审委会的第一种意见,即根据《中华人民共和国劳动法》、《社会保险费征缴暂行条例》的有关规定,征缴社会保险费属于社会保险费征缴部门的法定职责,不属于人民法院受理民事案件的范围。另,建议你院可结合本案向有关社会保险费征缴部门发出司法建议,建议其针对当前用人单位与劳动者之间因社会保险引发争议所涉及的保险费征缴问题,加强调查研究,妥善处理类似问题,依法保护有关当事人的合法权益。
 此复。
 

     
     
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