Is it illegal for an employer not to sign a labor contract and not to buy insurance?

is against the law. According to the provisions of China's labor law, the company needs to sign this labor contract with the employee, and must sign the labor contract and pay social security.

Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 84 of the Social Insurance Law of the People's Republic of China provides that 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 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 Analysis: If it is illegal and the employer has not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Legal basis:

Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

It's illegal, you will become a legendary black worker, there is no guarantee at all, it is best to sign with the unit, if not, go to labor arbitration for consultation.

Theoretically, yes, but now many private companies are like this

Legal analysis: Once the labor relationship is established and the labor contract is signed, the employer must pay social security for the employee. Even if the employee voluntarily does not participate in social insurance, the employer must pay the social insurance back when the social security is verified.

Legal basis: Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.

Article 63 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit.

If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.

Summary. It is illegal for an employer not to sign a labor contract and not to pay social insurance to its employees, and those who do not sign a labor contract from the second month of employment shall be paid twice the salary.

Hello. It is illegal for an employer not to sign a labor contract and not to pay social insurance to its employees, and if it does not sign a labor contract from the second month of employment, it should pay twice the salary. Difference.

What materials should I prepare to report that an employee is charging for privately?

Do you want to report the company or the employee? The reporting company needs to prepare evidence, and it is enough to provide evidence of the other party's private charges.

Report an employee. If an employee's actions cause damage to you, you will generally need to go to court.

Summary. If the company has not paid social security, you can ask for supplementary social security. If the company has not signed a contract, it is also a violation of the labor law, and the company can be required to pay double the salary for not signing a written labor contract.

If the company does not pay social security, you can ask for the disadvantages of paying social security. If the company has not signed a contract, it is also a violation of the labor law, and the company can be required to pay double the salary for not signing a written labor contract.

Legal basis: Article 29 of the Labor Imitation Contract Law stipulates that the employer and the employee shall fully perform their respective inspection obligations in accordance with the provisions of the labor contract. Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation.

Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Because the relationship between the insurance company and the insurance marketer in the civil law is **, not the labor relationship, the insurance company will not bear the social security of the marketer.

Legal analysis: If the labor contract does not pay any insurance, the employee has the right to complain and report to the labor inspection department. Article 4 of the Social Insurance Law stipulates that employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire about payment records and personal rights and interests records, and request the insurance agency of the Social Insurance Association to provide social insurance consultation and other related services.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire about the payment records and personal rights and interests records, and request the social insurance agency to provide social insurance consultation and other related services.

It is illegal for an employer not to sign a contract and not pay social security. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not be required to pay economic compensation to the employee, but shall pay the employee labor remuneration for his actual working time in accordance with the law. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law, and make up a written labor contract with the employee.

Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.