ABSTRACT

In March, 2011, Party B (surnamed Qiu) signed a labor contract with party A(a limited company), article 6 of which stipulates that “Party A pays Party B social insurance premiums in cash along with other payments as wages, owing to Party B’s mobility.” A pay sheet provided by Party A shows that wages of Party B consist of basic wage, five social insurance premiums (namely, old-age pension, unemployment insurance, health insurance, industrial injury insurance and maternity insurance) performance wage and overtime wage. In February 2013, Qiu submitted an arbitration application to the labor dispute arbitration committee, asserting that his company didn’t pay for his social insurance premiums and demanding termination of the labor contract and compensation from the company. The labor dispute arbitration committee didn’t support Qiu’s compensation claim. So Qiu sued to the court.