On December 14, 2007, the 26 people such as Kang Lianmian took the administrative report of court of Guangzhou city intermediate people. They " bureau of labor insurance of requirement Guangzhou city is open " the ask for instructions that the reply of the problem of computation of length of service after about removing sb's name from the rolls the worker has a job afresh concerns an issue " (word of spic service letter [1995] the 023rd) " lawsuit asks out of court.
This case was in Guangzhou city on July 17, 2007 open a court session of intermediate people court is tried. The citizen that audit comes to before has many 100, they are some of people that pass fifty years old mostly, among them many people are inchoate the old worker of emeritus, come off sentry duty that leaves state-owned, cooperative.
Adjudicate a result to first instance, kang Lianmian says: "We still can appeal, have a clear view till the problem! "
Length of service be removinged sb's name from the rolls why so calculate
On December 1, 2005, bureau of Guangzhou city labor insurance comes on stage " about inchoate the processing opinion that leaves question of insurance of society of state-owned cooperative personnel " (namely spic service company is raised [2005] 5) .
The relevant controller that occupies ministry of legal system of Guangzhou municipal government introduces, this file basically is to solve Guangzhou city to came on June 1, 1978 the social insurance question that staff of part of state-owned, cooperative leaves during July 31, 1993. As a result of this part personnel former working hours does not accord with national plan to calculate the policy of uninterrupted length of service to set, cannot inspect the capture that is the same as endowment insurance to expend fixed number of year, show a provision according to what country and Guangdong save, this part person is expended because of never attending capture or capture expends inadequacy of fixed number of year, do not accord with the condition that enjoys basic annuities by the month.
File regulation, these inchoate personnel leaving look forward to in approve its are formerly after the working fixed number of year of state-owned, cooperative, the pattern that can be expended through one-time pay endowment insurance or extends cost of pay endowment insurance solves endowment insurance problem. The file is special still make clear, the fixed number of years that endowment insurance expends filling capture is the longest do not exceed labor to ensure service approve its are in formerly the working fixed number of year of state-owned, cooperative.
"Remove sb's name from the rolls the direct fuse that how worker length of service is calculated is this lawsuit. " accuser just says on behalf of Kang Lianmian.
This year Su Ruilian of 64 years old, begin to be in factory of southeast balm flavor to wait for job of 5 state-owend enterprises early or late from 1958, in April 1989 because hurt be in hospital during, be removed sb's name from the rolls by the factory, around of its working hours appears have 30 years. In September 2006, su Ruilian the accused knows its original job fixed number of year to cannot look fixed number of year of the expenses that be the same as capture. After this, su Ruilian applied for one-time pay endowment insurance to expend to labor insurance bureau, filing fixed number of year is 15 years, pay medical treatment is safe 25980 yuan, endowment insurance 30153 yuan, add up to 50 thousand multivariate. Since January 2007, every month begins Su Ruilian enjoy 600 multivariate corresponding treatment. To this, su Ruilian says, "If be calculated according to length of service of 30 years, can take 1500 yuan every months at least now, and still need not hand in more 50 thousand multivariate. "