If the unit has not paid insurance for more than two years, how can I ask the company to compensate?

Updated on society 2024-02-28
16 answers
  1. Anonymous users2024-02-06

    Go to the Human Resources and Social Security Bureau. The Labour Inspection Brigade reflects your situation. Or apply for labor arbitration, and the labor contract and evidence of uninsured insurance should be prepared. If the employer signs an employment contract and does not take out insurance, it will be fined.

  2. Anonymous users2024-02-05

    The state stipulates that companies must buy social security for their employees.

  3. Anonymous users2024-02-04

    OK! A contract and proof of employment are required.

  4. Anonymous users2024-02-03

    Legal Analysis: If the employer fails to pay social insurance to the employee in accordance with the law, the employee may request the company to pay the insurance premium. If the company does not agree, it can apply to the local labor department for arbitration, and if it is not satisfied with the arbitration result, it can file a lawsuit with the people's court, and at the same time, it can request the contract to be terminated and the company to pay the compensation for the difference.

    1) If the employee terminates the labor relationship on the grounds that the employer has not paid social insurance, he or she may apply for labor arbitration and demand the payment of economic compensation; One month's salary shall be paid for one year of service, and the severance shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid to the employee for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    2) If the employer fails to pay social insurance and the employee is unable to enjoy social insurance benefits and suffers losses, the employee may request the employer to compensate for the losses caused thereby.

    3) If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

    Legal basis: Article 84 of the Social Insurance Law of the People's Republic of China If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge and other persons directly responsible for the failure to make corrections shall be fined not less than 500 yuan but not more than 3,000 yuan.

  5. Anonymous users2024-02-02

    Legal analysis: the employer does not need to compensate the employee if he fails to pay social insurance, as long as he makes up the payment; However, if the employee resigns as a result, the employer shall pay the employee severance payment, which shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year.

    Legal basis: Labor Contract Law of the People's Republic of China Article 47 The economic supplementary debt shall be paid to the worker according to the number of years of service of the worker in the unit and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year;

    If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality under the jurisdiction of the employer or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of severance shall not exceed 12 years.

    The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

  6. Anonymous users2024-02-01

    What should I do if I have worked in the company for a few years and am not insured?

    You can apply for labor arbitration with your employment contract or proof of previous salary, or your attendance record. Take these materials to the local labor bureau to apply for labor arbitration. Payroll is generally paid by bank transfer, so it is also possible to go to the bank to print the salary statement.

    The current labor law stipulates that employees must also be given social security during the probationary period, so if you have worked for the company for several years, they should give you social security. If you don't give them a punishment, you can report them.

    Defend your rights and interests through a labor arbitration application. Of course, it's best to talk to the employer to solve the problem, but if they don't want to pay you this insurance in the end, then you can report them. Because it's illegal for them to do so.

    If you do not have an employment contract with the company, then you can collect some proof of salary, or attendance records, as long as you can prove that you have worked for the company for several years, then it should not be a problem to apply for labor arbitration.

  7. Anonymous users2024-01-31

    Article 72 of the Labor Law Social insurance shall determine the funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

    Article 73 Workers shall enjoy social insurance benefits in accordance with law under the following circumstances:

    a) retirement; b) Illness;

    3) Suffering from work-related disability or occupational disease;

    iv) unemployment; 5) Childbearing.

    The legal liability of the employer for not paying social insurance premiums.

    Article 100 of the Labor Contract Law If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

    1) If the employer fails to pay or withhold social insurance premiums, what standard should be imposed on the late payment fee?

    Interim Regulations on the Collection and Payment of Social Insurance Premiums (1999 1 22).

    Article 13 If the paying unit fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor insurance shall be responsible for it.

    or the tax authorities order the payment to be made within a time limit; If the payment is still not made within the time limit, in addition to the amount of the outstanding payment, it shall be from the date of the arrears.

    From there, a late fee of 2/1000 per day will be charged. Late fees are incorporated into social insurance**.

    Administrative Punishment Measures for Violation (1994 12 26).

    Article 17 Where an employer fails to pay social insurance premiums without reason, it shall order it to pay within a time limit; If the payment is not made within the time limit, in addition to ordering the person to make up the arrears, a late fee of 2/1000 of the amount owed may be imposed on each day. Late fee income is incorporated into social insurance**.

    2) If the paying unit refuses to pay social insurance premiums and late fees within the time limit, how should it be handled?

    Interim Regulations on the Collection and Payment of Social Insurance Premiums (1999 1 22).

    Article 26 Where a paying entity refuses to pay social insurance premiums or late fees within the time limit, the labor and social security administrative department or the taxation authorities shall apply to the people's court for compulsory collection in accordance with law.

    3) What should an employer bear if it falsely reports the total salary and the number of employees to the social insurance agency, or fraudulently obtains social insurance benefits and social insurance expenditures?

    Regulations on the Supervision of Labor and Social Security (2004 11 1).

    Article 27 Where an employer conceals the total amount of wages or the number of employees when declaring the amount of social insurance premiums to be paid to the social insurance agency, the administrative department for labor and social security shall order it to make corrections and impose a fine of not less than one time but not more than three times the amount of wages concealed.

    Anyone who fraudulently obtains social insurance benefits or social insurance expenditures shall be ordered to return them by the labor and social security administrative department and shall be fined not less than 1 time but not more than 3 times the amount obtained by fraud; where a crime is constituted, criminal responsibility is pursued in accordance with law.

  8. Anonymous users2024-01-30

    If the unit does not pay insurance for a year, it depends on which way we choose. If you choose to let the other party make up the payment, the other party will make the supplementary payment in accordance with the law, and there is basically no compensation. If you leave your job or have your contract terminated, you can go to the labor inspection department to initiate arbitration and receive certain compensation in accordance with the law.

    In addition to the corresponding insurance, the compensation content can also get some salary compensation, under normal circumstances, every year of work is a monthly salary, and more than half a year is calculated as one year. You must know that five insurances and one housing fund are insurance that each unit must buy for employees, and if you don't buy it, it is a violation of laws and regulations, and employees have the right to sue.

    1. Look at the way of dealing with the unit's refusal to buy insurance, which is generally a civil case, and there is a saying in civil cases called "the people do not raise officials and do not hold them accountable". In other words, as long as we don't sue, the court or the law will not take the initiative to punish the company. Also, it depends on how we deal with the problem.

    If the other party does not buy insurance, we file a labor arbitration or report, and the other party honestly pays the insurance. Under the premise that there is no change in the employment relationship between the two parties, there is basically no compensation. On the contrary, if we resign as a result, it is equivalent to the other party violating the employment contract, and the employer must make corresponding financial compensation in accordance with the law while claiming insurance.

    2. The insurance company must buy insurance According to the law, the employer must sign a labor contract within 30 days from the date of employment, and purchase five insurances and one housing fund for the employee. Among them, five insurances and one housing fund include endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund.

    It should be noted that both the probationary and internship periods fall within the scope of the employment contract, and the employer must also purchase insurance in accordance with the regulations. If the company does not buy it, it can also report it to the labor department. The compensation received is no different from that of a regular worker.

    If the employer does not purchase the corresponding insurance, and there are some accidents in the middle, such as medical treatment and work-related injuries, the expenses incurred must be borne by the company.

    3. How to report that the company did not buy insurance for employees, you can first collect evidence, the most common is the labor contract, and you can also use salary slips or transfer records if there is no contract. As long as you can prove that you have worked for the company, you can apply for a lawsuit. Under normal circumstances, it is to go to the local labor supervision department and directly initiate labor arbitration.

    It is recommended that in life, pay more attention to your own insurance, especially medical care and pension, which are very important and directly related to our future life.

  9. Anonymous users2024-01-29

    It will be financially compensated, because this is what the company should do, and it has damaged the rights and interests of employees, so employees should be compensated to a certain extent.

  10. Anonymous users2024-01-28

    Yes, this is because the company's behavior has violated labor laws and does not meet the relevant standards and requirements.

  11. Anonymous users2024-01-27

    Yes, because the law requires employers to pay insurance for their employees.

  12. Anonymous users2024-01-26

    If we have worked for more than two years and the unit has not given insurance, we can compensate the relevant company, and if the relevant company chooses not to compensate, then we can also appeal through some legal channels, so that we can better protect our own rights and interests. If we choose to work in a company, we are also a regular employee.

    Then the company does have a certain obligation to buy the corresponding insurance for us, so as to better protect our legitimate rights and interests. We may choose to consult with the relevant legal department.

    If we work for more than two years and the company does not provide us with insurance, then we have a reason to appeal to the relevant department, and in this case, the company will also be punished accordingly. As regular employees in the enterprise, we have certain rights and interests to enjoy our due social insurance.

    Target. If we are not regular employees, then we need to pay the relevant insurance ourselves, which is a different choice. <>

    Everyone has their own legitimate rights and interests, and when we encounter some unreasonable situations in the enterprise, we have reasons to assert our rights and interests, so that we can better protect our own rights and interests. If the company has not insured itself after working for more than two years, it is indeed the fault of the company to a large extent. Because there are relevant laws and regulations, the company is required to insure regular employees.

    If our unit or enterprise has not applied for insurance for the corresponding employees, then this kind of spring sparrow behavior is also against the law, and we can ask the company to compensate us. If the company does not compensate, then we can defend and appeal accordingly through the legal department.

  13. Anonymous users2024-01-25

    Yes, this is because the company's practice is very unreasonable, and it also violates the relevant provisions of the labor law.

  14. Anonymous users2024-01-24

    You can ask the company for compensation, because after all, this matter has a lot to do with the other party, and now many units will buy corresponding insurance.

  15. Anonymous users2024-01-23

    Of course, if the company refuses, you can also apply for labor arbitration.

  16. Anonymous users2024-01-22

    Summary. Hello, dear, according to your working years, compensation for two months' salary.

    Hello, dear, according to your working years, compensation for two months' salary.

    For each year of service, one month's salary can be compensated.

    In addition, the social security arrears need to be made up.

    What is the worst outcome if the company does not provide compensation?

    Labor arbitration. You can file a complaint with a labor arbitration board.

    Negotiate with the company first.

    If the negotiation fails, apply for labor arbitration.

    Because this is your legitimate interest, so fight for it, dear.

    I am a manager of the company. The judgment was cancelled and the employee complained that the legal person was abroad. The legal person means that I will take care of it. Don't say it's a company thing. What can I do to stop the spring?

    You can't afford it.

    This must be paid in the name of the company.

    You are an individual and cannot afford to pay your employees social security.

    I know. Legal means my own work. Rent a house of a legal person. May I?

    That can't.

    The employee files a complaint with the labor arbitration commission.

    The Labor Arbitration Commission can be found.

    You are not a legal person, just look it up.

    This legal person is so irresponsible, he wants me to say that I did it myself, for fear that the employees will report the unlicensed operation.

    No, what is your specific situation now, the employee is going to ** to complain.

    Tell the teacher about your specific position in it.

    I'm the manager.

    Then you are also an office worker and do not have any shareholder composition.

    There are no shares. In this case, you can't say that you did it, it's a false testimony.

    All are on the business license.

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