A Study on the Applicability Conditions for Termination of Labor Contracts Due to Failure to Pay Social Insurance Premiums for Workers in Accordance with the Law
There are significant differences in the current judicial practice in China regarding the provision stipulated in Article 38(3)of the Labor Contract Law,which pertains to the termination of labor contracts by workers due to the failure to pay social insurance premiums for workers in accordance with the law.The main types of disputes include complete no-payment,incomplete payment,disputes over payment amounts,and disputes over corresponding insurance types.The reason for this disagreement is that the statutes on the constituent elements of the cause of termination are too simplistic,lacking necessary textual limitations and substantive legitimacy factors.Based on the interpretation of the text and discussion of the legitimacy factors presented in judicial judgments,the scope of application of the article"failure to pay social insurance premiums in accordance with the law"should be limited to cases of complete failure to pay social insurance premiums for workers.At the same time,factors such as the degree of subjective fault of the employer,the amount of unpaid premiums of the employer,and the employer's willingness to make corrections should be considered to decide whether to terminate the labor contract according to this article.
Failure to Pay Social Insurance Premiums in Accordance with the LawTermination of Labor ContractLegal InterpretationLimitations on Substantive Legitimacy
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