Dispute over losses in pension insurance benefits due to a manufacturing company in Fujian failing to pay as required by law

Case Summary

Plaintiff Chen joined Defendant Fujian [Name] Manufacturing Co., Ltd. on 2005/3/1 as a production line operator. No written labor contract was signed, and the defendant never paid social insurance for the plaintiff. On 2024/4/15, Plaintiff reached statutory retirement age. Due to the lack of pension contributions and fewer than 15 years of accumulated service, Plaintiff could not process retirement procedures or receive pension benefits. After multiple requests for compensation were denied by the defendant, Plaintiff filed this lawsuit seeking damages for lost pension benefits from 2005/3/1 to 2024/4/15, totaling 326000 yuan.

Key Dispute

1.Did the defendant fail to pay social insurance (pension) for the plaintiff?

2.Whether the plaintiff is unable to enjoy pension benefits due to the defendant's failure to pay social insurance for pensions.

3.Is there a legal basis for the plaintiff's claim regarding losses in pension insurance benefits?

4.Should the defendant compensate the plaintiff for losses in pension insurance benefits?

Case Strategy

1.Secure core evidence, including the plaintiff's employment records, pay slips, social security payment records, retirement age certification, and communication logs between both parties.

2.The plaintiff submits evidence proving that they were employed by the defendant company from 2005/3/1 until reaching the statutory retirement age on 2024/4/15. During this period, the defendant failed to pay social insurance premiums for the plaintiff, violating the Social Insurance Law.

3.The defendant failed to contribute to the plaintiff's pension insurance, resulting in the plaintiff having fewer than 15 years of cumulative contributions. Consequently, the plaintiff cannot process retirement procedures or receive pension benefits. The defendant's unlawful conduct has caused a loss of pension benefits to the plaintiff.

4.The calculated loss of pension benefits claimed by the plaintiff, based on their years of service, wage standards, Xiamen City's pension contribution rates, and average wages, totals 326000 yuan, which complies with legal provisions.

Processing Result

The court ruled that the defendant, a manufacturing company in Fujian Province, shall compensate the plaintiff, Chen, for pension insurance benefit losses totaling 326000 yuan within ten days from the effective date of this judgment. The defendant shall bear all litigation costs for this case.

Similar Case Consultation