48 former Township staff pensions shrink, claiming to be retired then

category:Global
 48 former Township staff pensions shrink, claiming to be retired then


In June 2017, they submitted an application to Mianchi, asking the county government to order the relevant departments to handle the legal retirement procedures for them, and the county government did not reply. Soon, they filed a lawsuit against the intermediate peoples Court of Sanmenxia. Last December 26th, the Sanmenxia intermediate peoples court decided to revoke the early retirement decision by the 48 peoples court, which did not belong to the scope of the peoples court, and rejected the 48 Partys claim. The 48 refused to accept the first instance decision and appealed to the higher peoples Court of Henan province. On the morning of May 4th, the Provincial Higher Peoples Court opened the case. Compared to those who retire at the age of 60, they earn less than 500 yuan a month on average. At 7:30 a.m. on May 4th, more than 20 of the 48 appeals came to the Henan Provincial Higher Peoples court. They said that before retirement, they were basically working in each township and town government in Mianchi county. In December 2005, the Mianchi county government carried out institutional reforms to divert the staff from the government. They were actively responding to the governments call, leaving their posts home, and the wages were taken by the original units. At the beginning of 2017, their retirement wages were issued by social insurance agencies. At this time, they learned that their retirement wages were less than 500 yuan compared with those who were retired at the age of 60, with a large gap or less than 800 yuan. The reason for the lack of retirement wages is that they are retiring early. At the end of 2005, the Mianchi county human resources and Social Security Bureau went through the formalities for them to retire ahead of time. Because they never thought of retiring early, they believed that the Mianchi county human resources and social security bureau did not suit their early retirement procedures. In June 2017, they commissioned one of them to submit an application to the Mianchi county government, asking the county government to revoke the unlawful early retirement procedures for them and to handle the legal retirement procedures, and the Mianchi county government did not give a reply. Soon, they brought an administrative lawsuit to the Sanmenxia intermediate peoples court, and asked the Mianchi county government to revoke the early retirement procedures for Mianchi county human resources and Social Security Bureau for them, and ordered the Mianchi county human resources and Social Security Bureau to handle the legal retirement for them. In December 26, 2017, the Sanmenxia intermediate peoples court made a ruling that the court found that the human resources and Social Security Bureau of Mianchi County handled the early retirement procedures for 48 people, which was the administrative act on the internal personnel management. According to the provisions of the administrative procedure law, the decision of the executive authorities on rewards, punishments, appointing and removal of staff members does not belong to the scope of accepting cases of the peoples court. Therefore, the prosecution of 48 people was rejected. Whether the case is under the jurisdiction of the court, both sides say the principle of the case In the May 4th trial, the 48 retired workers attorneys believed that the first instance court ruled that the early retirement procedures for the Mianchi county human resources and Social Security Bureau for 48 people were the administrative organs internal personnel management behavior, which was completely wrong. The social insurance law clearly stipulates that the employers or individuals who think that the acts of the social insurance fee imposition the institutions to infringe their legitimate rights and interests may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law. The employer or individual can apply for administrative reconsideration or to bring in administrative proceedings in accordance with the law, if the social insurance agencies do not deal with the registration of social insurance, determine social insurance fees, pay social insurance treatment, handle social insurance transfer procedures or infringe the rights and interests of other social insurance. The administrative procedure law also stipulates that the actions of the administrative organs that do not pay the pension, the minimum living security treatment or the social insurance treatment in accordance with the law belong to the scope of the litigation acceptance of the peoples court. Therefore, the 48 people are required to handle the legal retirement procedures and pay the social insurance treatment according to the national standards. It is fully in line with the scope of the administrative litigation, and the peoples court has the right to try this. In this regard, the agent of the government of Mianchi county government believes that the 48 people are staff members of administrative organization or enterprise, and the Bureau of human resources and social security of Mianchi County handles the formalities of early retirement for them, and belongs to the internal personnel management affairs of the administrative organs. In accordance with the provisions of the laws and regulations of the time, the civil service shall abide by the provisions of the Provisional Regulations on the state civil servants, which began to be implemented in October 1, 1993. The regulations stipulate that the state civil servants are not satisfied with the decision of the personnel dealing with them and can be extended to the original handling organs within thirty days from the date of receipt of the decision. If you want to review, or appeal to the personnel department of the same level peoples government, if you refuse to accept the decision of administrative sanction, you may appeal to the administrative supervision organ. In accordance with the provisions of the Circular of the general office of the State Council to the personnel department of the Ministry of affairs of the State Council on the advice of the employment system for the trial personnel of the institutions of the State Council in July 6, 2002, the parties may apply for the arbitration agency for the local personnel dispute by applying for disputes over the dismissal and resettlement of the recruitment and employment units. The arbitration result shall be binding upon both parties to the dispute. According to the above two provisions, the case does not belong to the scope of the administrative litigation, and the 48 cannot directly bring an administrative lawsuit to the peoples court, so the appeal of the 48 party should be rejected. The case was not declared in court.