After more than ten years in a company, is it reasonable for the company to not give insurance?

1. The labor contract is valid as long as it is signed and sealed by the employee and the employer, and you can claim it if you are not given a copy.

2. If the employer fails to pay social insurance, it may submit a notice of termination of the labor contract to the employer on the grounds that the employer does not pay social security under Article 38 (3) of the Labor Contract Law, and may leave immediately, and may claim economic compensation in accordance with Article 47.

3. In accordance with Articles 4, 58 and 86 of the Social Insurance Law, the employer may be required to make supplementary social insurance payments for you. Because of the statute of limitations, it is unlikely that a claim for 10 years of back payment is possible.

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1. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish a labor relationship between the employer and the employee from the date of employment, conclude the labor contract and pay social insurance within one month. If the employer does not sign a labor contract and does not participate in the pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. You may do so in accordance with Articles 38 and 1 of the Labor Contract Law.

Four. Ten. 6. Article 47 stipulates that (i.e., Article 38 An employee may terminate a labor contract under any of the following circumstances:3) Failure to pay social insurance premiums for workers in accordance with the law;Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.

Terminate the labor relationship and request to claim to the unit:

1. Pay one month's economic compensation for each full year.

2. Make up the social security during the period of labor relations.

3. If the labor contract is not signed, double wages for up to 12 months shall be paid. (Note that there is a one-year statute of limitations).

Two. When protecting your legitimate rights and interests, you need to collect and retain relevant evidence to prove the existence of the employment relationship. Specifically, according to the notice of the Ministry of Labor and Social Security on matters related to the establishment of labor relations (May 25, 2005, Lao She Bu Fa [2005] No. 12), "2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of labor relations between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

You may provide labor materials based on (2) the "work permit", "service certificate" and other documents that can prove your identity (not limited to this provision) issued by the employer to the employee. Of course, the more evidence, the better.

3. It is recommended that you negotiate with the unit to solve the problem first. If the negotiation is not reached, you should provide materials to prove the labor relationship and submit a request for labor arbitration to the labor inspection department or labor arbitration department, or it is recommended that you file a lawsuit directly with the people's court where you are located to claim your rights and interests.

Unreasonable, but a lot of this case.

You can't bite him if it's unreasonable.

It doesn't make sense, but there's no way, and so do I.

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.

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.

Hello dear, I am happy to answer for you, you can ask the company to pay you back insurance for 10 years. Employers are required to make supplementary social security contributions. Mr. Kotoga's actions violated the Labor Law and the Social Insurance Law.

You can file a complaint with the Labor Arbitration Panel Committee. According to Article 8 of the Labor Contract Law, Article 12 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".

Therefore, the employer should pay double wages when the employment relationship is terminated. If the payment is not made, the employee may apply for labor arbitration.

Summary. 1.Reports can be made through the Labour Inspection Brigade.

Before making a report, provide evidence that you have been an employee of the company and have worked for more than 10 years. One of the best evidence is your labor contract, if you have kept the labor contract for the past 10 years and provided it completely, then it can prove that you are an employee of the enterprise, and you can clearly ask the enterprise to pay you the social security benefits for the past 10 years. And also bear the cost of a late fee for the past 10 years.

1.Reports can be made through the Labor Supervision Brigade. Before making a report, provide evidence that you have been an employee of the company and have worked for more than 10 years.

One of the best evidence is your labor contract, if you say that your labor contract for the past 10 years Lu Songshu has been kept and provided completely, then it can prove that you are an employee of this enterprise unit, and you can clearly ask the company where you are located to pay you the social security benefits in the past 10 years. And also bear the cost of a late fee for the past 10 years.

2.The report can be made through the labor inspection, because the labor inspection brigade is a department under the social security department, and it is mainly to verify whether the enterprise unit pays social security premiums according to the standard of its own employees. Therefore, such a department has the responsibility and obligation to carry out verification.

Of course, through the results of the labor inspection team's verification and monitoring, if the conditions for supplementary payment are met, then the labor inspection brigade will order the enterprise unit to pay social security to employees according to a certain period of time, of course, I believe that this supplementary social security is not your own business, but the business of many employees. Therefore, as an enterprise unit, to bear a social security payment for more than ten years, the economic pressure is relatively large, and it takes a certain amount of time to complete such a social security payment, so the labor inspection department should also give a certain time limit, for example, within 6 months, or within three months, and so on.

Legal analysis: If the company does not pay social insurance, it cannot apply for labor arbitration. The employer's failure to pay social insurance to the employee is indeed a labor dispute. According to the relevant provisions of the law, there is no problem that the elimination wheel chain of labor disputes is "pre-arbitration".

Legal basis: Article 10 of the Social Insurance Law of the People's Republic of China Article 10 Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums. Individually-owned businesses without employees, part-time employees who do not participate in the basic endowment insurance at the employer, and other flexibly employed persons can participate in the basic endowment insurance, and the basic endowment insurance premiums shall be paid by the individual.

The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***.

Summary. If your employer violates the relevant laws and regulations and refuses to pay social insurance for you, you can negotiate with the employer and ask it to make up the social security for you. You can also complain to the social security department and ask the social security department to urge the unit to make up the payment. If the employer has not purchased insurance in accordance with the law and caused losses to you, you can directly file a lawsuit to demand compensation from the employer.

If you terminate your employment contract on the grounds that your employer has not paid social insurance, you can also request the employer to pay economic compensation. Regarding evidence, you can collect, 1. Evidence of your work in the unit; (e.g., labor contract, attendance record, badge, uniform, etc.) 2. The amount of your salary and the time of payment of wages; (Such as:.)

Payslips, salary cards, bank transfer records, WeChat transfer records, Alipay transfer records) 3. If the unit pays in cash, there will be a signed receipt record or a corresponding receipt, and you can ask the unit to prove that you have indeed received your salary; 4. Witness testimony; (e.g., the testimony of colleagues or other relevant insiders) 5. All other evidence materials that can prove that the employer did not pay your salary.

Hello, do you have a labor contract with this company?

If your employer violates the relevant laws and regulations and refuses to pay social insurance for you, you can negotiate with the employer and ask it to make up the social security for you. You can also complain to the social security department and ask the social security department to urge the unit to make up the payment. If the employer does not purchase Zhengqimai insurance in accordance with the law and causes losses to you, you can directly file a lawsuit to request the employer to compensate you for your losses. If you terminate the labor contract on the grounds that the employer has not paid social insurance, you can also request the employer to pay economic compensation.

Regarding evidence, you can collect, 1. Evidence of your work in the unit; (e.g., labor contract, attendance record, badge, uniform, etc.) 2. The amount of your salary and the time of payment of wages; (e.g., salary slips, salary cards, bank transfer records, WeChat transfer records, Alipay transfer records) 3. If the unit pays in cash, there will be a signed receipt record or a corresponding receipt, and you can ask the unit to prove that you have indeed received your salary; 4. Witness testimony; (Such as:.)

Testimony of colleagues or other relevant insiders) 5. All other evidence materials that can prove that the employer did not pay your salary.