失业赔偿金损失责任承担的司法认定

Judicial Cognizance of Liabilities for Unemployment Compensation

职工在用人单位工作十年以上,用人单位应为职工缴纳失业保险费。用人单位未按规定为职工在其单位工作期间投保失业保险,后又强令职工下岗,造成职工与用人单位解除劳动关系,因而无法办理失业保险补缴手续,致使职工无法享受失业保险费,失去依法从国家和社会所应获得物质帮助的权利。对此,用人单位理应赔偿职工本应享有的失业保险金损失。

An employer should pay unemployment insurance premium for every staff that has worked in it for more than ten years. If an employer does not buy unemployment insurance for a staff according to regulation, but takes a coercive measure later to dismiss this staff to sever the labor relation with him, so that this staff couldn＇ t go through the complementary formalities of unemployment insurance and thus couldn＇t be eligible for unemployment insurance benefits or receive just material assistance from the state and society, the employer ought to compensate for all the losses caused