关于“未依法为劳动者缴纳社会保险费”条款的适用争议及完善建议

Suggestions for Improvement and Applicable Dispute about “Not Paying Social Insurance Premiums for Workers by Law”

摘要: 《劳动合同法》规定用人单位存在“未依法为劳动者缴纳社会保险费”情形时，劳动者享有劳动合同解除权和经济补偿权。但是在司法实践中，法官对于“未及时缴纳”和“未足额缴纳”是否归属该条款以及是否应该支持经济补偿金持有不同的观点。以中国裁判文书网发布的相关裁判文书为研究对象，对法官在处理此类案件时的观点进行梳理，明确条款的法律依据、法律责任，进而明确条款内涵，在此基础上提出完善法律的建议，为法官处理此类纠纷时提供明确的法律指引。

Abstract: When the Labor Contract Law stipulates that when an employer fails to pay social insurance premiums for the employee in accordance with the law, the employee has the right to terminate the labor contract and the right to economic compensation. However, in judicial practice, the judge has different opinions on whether not paid in time and unable to pay and whether it should support economic compensation to hold different views. Taking the relevant referee documents issued by the China Magistrate Book Network as the research target, the paper sorts out the viewpoints of the judge when dealing with such cases, clarifies the legal basis and legal responsibilities of the terms, and then clarifies the connotation of the terms, to provide clear legal guidance for judges when dealing with such disputes on this basis.