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Dispute over economic compensation for failure to pay social insurance by a catering company in Fujian

Case Summary

Plaintiff Lin joined Defendant Fujian [Name] Catering Management Co., Ltd. on 2022/3/15 as a chef under a written labor contract with a monthly salary of 8000 yuan, valid until 2025/3/14. Throughout the employment period, the defendant failed to pay social insurance premiums for the plaintiff despite multiple requests. On 2024/4/20, the plaintiff resigned citing the defendant's failure to legally contribute social insurance and filed an arbitration claim with the Xiamen Labor and Personnel Dispute Arbitration Commission on 2024/5/10 seeking economic compensation of 20000 yuan for termination. The commission ruled in favor of the plaintiff; dissatisfied, the defendant appealed to the court.

Key Dispute

1.Did the defendant fail to pay social insurance premiums for the plaintiff as required by law?
2.Shareholder Profit Distribution Dispute Involving a Manufacturing Company in Xiamen
3.Do the calculation base and duration of the economic compensation claimed by the plaintiff comply with legal requirements?

Case Strategy

1.Core evidence: fixed-term written labor contracts, payroll records, social security payment proofs, resignation applications, and arbitration awards.
2.Submit evidence that the plaintiff was employed on 2022/3/15, terminated on 2024/4/20, with a tenure of 2 years and 1 months, and an average monthly salary of 8000 yuan.
3.Prove that the defendant failed to pay social insurance for the plaintiff during their employment, violating the Social Insurance Law.
4.Proof that, in accordance with the Labor Contract Law, if an employer fails to pay social insurance premiums for a worker as required by law, the worker may terminate the labor contract and is entitled to economic compensation from the employer.
5.Calculate the economic compensation claimed by the plaintiff: based on 2 years and 1 months of service, multiplied by 2.5 months' wages, totaling 20000 yuan, which complies with legal regulations.

Processing Result

The court ruled that Defendant Fujian [Name] Catering Management Co., Ltd. shall pay Plaintiff Lin the severance compensation of 20000 yuan within ten days from the effective date of this judgment, and bear all litigation costs for this case.

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