Can the company's cost of medical treatment, can employees take the company to bear the company?Judged!

The employer did not buy social security for employees,

Once the employee is sick,

Facing high medical expenses,

Can you find an employer for responsibility?

recently,

Guangzhou Baiyun District People's Court

Try this case together.

Basic case

A weaving plant in Guangzhou is a wholly -owned enterprise, and investors are Chen. In September 2007, Yang joined the weaving plant and was an employee of the production department of the Twim Tiestan Workshop. After joining the employment, the weaving plant did not sign a labor contract with Yang, nor did he purchase social insurance for him, and he participated in insurance in his hometown.

In April 2020, Yang was unwell and went to the hospital for examination and hospitalization. The diagnosis was a cervical malignant tumor. The total cost of hospitalization and outpatient treatment was 142,000 yuan. After investigation, the expenses of the above -mentioned expenses were 93,000 yuan paid by the medical insurance fund. Yang reimbursed 76,000 yuan through the basic medical insurance of urban residents.

Yang believes that a weaving plant did not purchase social insurance for him, which led to unable to enjoy social insurance benefits when he was sick. Therefore, he complained to the court to the court and asked him to compensate for the loss of medical expenses of 142,000 yuan.

Referee result

The first instance judgment of the People's Court of Baiyun District, Guangzhou: A weaving plant pays Yang Mou's medical expenses of 17,000 yuan; Chen is liable for the debt confirmed by the above judgment.

The judgment has come into effect.

Judge

In this case, because the weaving plant did not buy social security for Yang, it should bear the losses caused by Yang's unable to enjoy social insurance benefits. Due to the loss of losses to make up for and filling the nature, Yang has reimbursed 76,000 yuan through the basic medical insurance of urban residents, and Yang should not be repaid repeatedly. Therefore, when judging the total amount of compensation of Yang, the amount of fund payment should be calculated based on the amount of fund payment calculated by the Guangzhou Medical Insurance Service Center. A weaving plant should compensate Yang's surplus losses due to the unable to enjoy social insurance benefits of 17,000 yuan.

The judge reminded that employers have the legal obligations of paying social insurance for employees and cannot be exempted from the wishes of employees or employers. If the employer does not pay medical insurance for employees in accordance with the law, and the employee is suffering from economic losses after being sick and unable to enjoy medical insurance benefits, the economic loss shall be borne by the employer.

Law link

"People's Republic of China Labor Law"

Article 72 Social insurance funds determine the source of funds in accordance with the type of insurance, and gradually implement social overall planning. Employers and workers must participate in social insurance according to law and pay social insurance premiums.

"Social Insurance Law of the People's Republic of China"

Article 23 Paragraph 1 Paragraph 1 shall participate in basic medical insurance for employees, and employers and employees shall jointly pay basic medical insurance premiums in accordance with national regulations.

Source: Guangzhou Intermediate Court, Guangzhou Baiyun District Court, Hunan High Court

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