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李某于2008年2月到某装潢公司工作,双方签订了5年期限的劳动合同。2012年3月,公司因效益不佳解除了与李某的劳动合同。此时李某才发现,公司一直没有为他缴纳社会保险费。在与公司协商未果后,他申请了劳动争议仲裁,请求公司补缴2008年2月至2012年3月的社会保险费。仲裁委审理后认为,社保费申报缴纳纠纷不属于劳动争议,李某应当向劳动保障监察部门或者社保费征收机构申请处理,于是裁决驳回了他的申诉请求。李某不服,起诉至法院,一审、终审法院均驳回了他的诉讼请求。
Lee in February 2008 to a decorating company, the two sides signed a five-year contract of employment. In March 2012, the company lifted the labor contract with Lee due to poor efficiency. At this point Lee found that the company has not paid for his social insurance premiums. After unsuccessful negotiations with the company, he applied for labor dispute arbitration and asked the company to pay the social insurance premiums from February 2008 to March 2012. Arbitration Commission considered that social security claims to declare the payment of disputes is not part of the labor dispute, Lee should be the labor security supervision department or social security fee agencies to apply for processing, so the verdict dismissed his claim. Lee refused to accept, sued the court, the first instance, the Court of Final Appeal rejected his claim.