What should I do if the company fails to pay medical insurance?

Generally speaking, employees' medical insurance is paid together with employees' social security. If the company refuses to pay medical insurance to employees, it is likely that other social security is not paid. Workers can protect their rights and interests in this way:

First, negotiate with the unit. If the work unit does not handle social insurance for employees, employees can report to the unit trade union and ask the trade union to come forward and negotiate with the management of the unit.

second, initiate labor arbitration. If negotiation with the company fails to solve the problem, it may be submitted to the local labor arbitration department for arbitration.

third, file a lawsuit. Refuses to accept the arbitration result, or the unit refuses to perform the arbitration decision, it may bring a lawsuit to the local people's court according to law.

Is it legal for the company not to pay medical insurance?

It is illegal for the company not to pay medical insurance, but this probability is very small, because the social security department has already stipulated explicitly that the unit must buy social insurance for its employees, that is, five insurances.

If this happens, the employer will be punished accordingly. For example, if the employer fails to pay the social insurance in full, it can also apply to the court for seizure and auction of its social insurance property.

If this really happens, you can ask the company to pay for the employees. Of course, you can't make up the previous medical insurance, so you can only pay it from now on.

Is it normal not to pay medical insurance during the probation period?

It is also illegal not to pay medical insurance during the probation period. Some employers may refuse to buy social insurance for their employees on the grounds that they are in the probation period, which is actually illegal, even though they need to buy it during the probation period.

According to the relevant regulations, employers should apply to social insurance institutions for social insurance registration within 3 days from the date of employment, and there is no institution to verify the social insurance fees to be paid.

if the employer fails to apply for social security registration and refuses to make corrections, it will impose a fine of more than one time and less than three times on the employer, and a fine of more than 5 yuan and less than 3, yuan on the directly responsible person in charge and other directly responsible personnel. Therefore, in the face of illegal situations, we must have the courage to defend our rights and interests.

process of litigation

1. determine the type of infringement

determine what type of infringement it is and what damage it causes.

Second, collect evidence

(1) General scope of proof

1. Proof of labor relations; For example, the labor contract signed by both parties, the proof of employment and employment relationship, if the labor contract is not signed, the work start and end date and relevant certificates or other agreements between the parties shall be provided.

2. Citizens should provide their identity cards; A legal person or other organization shall provide its business license, identity certificate of its legal representative or identity certificate of its responsible person.

(2) The scope of proof of labor disputes arising from the dismissal, delisting and dismissal of employees of enterprises: the notice of decision on dismissal, delisting and dismissal of employees of enterprises, etc. Involving training fees, the employer must provide the specific basis for paying training fees and the necessary service period.

(III) Contents of proof for recourse to labor remuneration

Provide relevant evidence such as the starting and ending date of labor, the specific amount of labor remuneration owed, etc.

(4) Proof of labor disputes caused by labor insurance and labor protection Model country:

Relevant evidence of enterprise's payment of pension insurance and housing accumulation fund, etc.

Wages and bonuses of employees;

employee injury identification and medical bills, etc.

iii. finding the right court

a labor dispute case shall be under the jurisdiction of the basic people's court where the employer is located or where the labor contract is performed. if the performance of the labor contract is unclear, it shall be under the jurisdiction of the basic people's court where the employer is located.

a civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant has his domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.

IV. Preparation materials

1. The indictment;

2. A copy of the plaintiff's ID card. If the plaintiff is an enterprise, provide a copy of the business license of the enterprise and a copy of the identity certificate of the legal representative;

3. If the defendant is an enterprise, some courts require a piece of the defendant's industrial and commercial registration information to determine whether the defendant exists. Different courts have different regulations. Some courts require the defendant's industrial and commercial registration information stamped with the seal of the Industrial and Commercial Bureau, and some courts agree to use the written information on the Internet. You can check it on the Red Shield website of the local industrial and commercial bureau, and you can ask in advance before you go to the court to file a case.

4. List of evidence and copies.

V. Trial

First instance

Prosecution and acceptance.

after receiving a complaint or oral prosecution, the people's court shall file a case within 7 days and notify the parties concerned if it considers that it meets the conditions for prosecution; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within 7 days; If the plaintiff refuses to accept the ruling, he may appeal.

preparation before trial. Before the formal trial, the people's court should do some preparatory work, such as sending a copy of the complaint to the defendant, forming a collegiate bench, conducting an investigation or entrusting an investigation, and notifying the parties to participate in the lawsuit.

hearing. The court investigation shall be conducted in the order of the statement of the parties, the testimony of witnesses, the presentation of testimony and other evidence, the reading of the appraisal conclusion and the record of the inquest. After entering the court for debate, the plaintiff and his agent ad litem will speak first, then the defendant and his agent ad litem will reply, and then the parties will argue with each other. After the debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.

make a judgment according to law. If mediation can be conducted before the judgment, mediation can also be conducted. If mediation fails, the judgment shall be made in time.

second instance

if a party refuses to accept the judgment of the first instance, it may institute a second instance procedure according to law. However, an appeal must be filed with the people's court at the next higher level within 15 days from the date when the judgment of first instance is served. The appeal shall specify the name of the party, the name of the legal person and the name of the legal representative, the name of the people's court that tried the case, the case number and the cause of action, and the request and reasons for the appeal. The appeal shall be submitted through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. The judgment made by the people's court of second instance is final.

trial supervision

the parties may also apply for a retrial, but they must do so within two years after the judgment becomes legally effective.

Legal Basis

Social Insurance Law of the People's Republic of China

Article 58 An employer shall apply for social insurance registration for its employees within 3 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

the state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

article 83 if an employer or individual thinks that the behavior of a social insurance fee collection agency infringes upon his lawful rights and interests, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

the employer or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.

if there is a social insurance dispute between an individual and his employer, he may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.

article 84 if an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 5 yuan and less than 3, yuan.

article 85 if an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the labor contract law of the people's Republic of China.

Article 86 If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and an overdue fine of 5/1 shall be added daily from the date of default; If it fails to pay within the time limit, the relevant administrative department shall impose a fine of more than one time and less than three times the amount owed.

Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading units and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of not less than two times but not more than five times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel have professional qualifications, their professional qualifications shall be revoked according to law.

article 4 the people's Republic of China * * * and employers and individuals within the territory of China have the right to inquire about the payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

individuals enjoy social insurance benefits according to law and have the right to supervise the payment made by their own units.

article 5 the people's governments at or above the county level shall incorporate social insurance into the national economic and social development plan.

the state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance undertakings.

the state supports social insurance through preferential tax policies.