eight, Yang Moumou Moumou Wanzhou v. Chongqing City Industrial Co. Ltd. unemployment insurance benefits dispute the referee essence: Labor Relations after the termination, the employer fails within a prescribed time limit for the unemployed to submit the file list, social insurance agencies and the labor can not enjoy unemployment insurance benefits, the employer shall bear the responsibility for compensation.

    basic facts of the case: in September 20, 1993, Yang Moumou to Wanzhou Chongqing XX Industrial Co., Ltd. (hereinafter referred to as certain industrial company). April 26, 2010, a certain industrial company to participate in the unemployment insurance for Yang moumou. November 26, 2012 afternoon, Yang Moumou due to injury, after identification, disability rating of nine. November 28, 2013, a certain industrial company to lift the labor relationship with Yang Moumou, and then issued a certificate of termination of labor contract. After certain industrial company will not give Yang pay unemployment insurance premium, nor in the labor relations from the date of the unemployment situation, Yang Moumou files submitted to the social insurance agency within 15 days, caused by Yang Moumou cannot enjoy unemployed insurance treatment. Yang Moumou then apply for arbitration, and then filed a lawsuit to the people's court, the court decided to pay a certain industrial company to pay unemployment insurance compensation 25200 yuan.

    the court that, according to People's Republic of China "labor contract law", "People's Republic of China social insurance law" and other relevant provisions of the labor relations after the termination, the employer shall timely issue the termination or rescission of the labor relation for the unemployed certificate, and the unemployed list since the termination or rescission of the labor relation from the date 15 days to inform the social insurance agencies, it shall be liable for compensation. In this case, Yang Moumou and Moumou Industrial Company labor relations, not in labor relations from the date of the unemployment situation, Yang Moumou files submitted to the social insurance agency within 15 days, the Yang Moumou cannot according to the stipulated deadline for registration of the unemployed and the unemployment insurance benefits, certain industrial company shall bear the liability for compensation. The people's court decided to support the request of Yang moumou.