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The employee may terminate the labor contract by notifying the employer in writing on the grounds that the employer has not paid social insurance, without one month in advance, and then apply for labor arbitration, claiming the payment of economic compensation + double wages (up to 11 months) for the period of non-contract + wages + supplementary payment of social insurance, of which the time limit for double wages for the period of non-contract is one year.
The law stipulates that Article 47 of the Labor Contract Law shall pay economic compensation to the employee according to the number of years of service in the employer 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 directly under the Central Government 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 payment 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.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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<> if the company does not buy insurance for employees, then this must be bought, because his employees must buy it as soon as they enter the company, which is stipulated by the labor law, and he can make up for you from the time you enter the company to the time you are dismissed, and then the salary is calculated as it should be.
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In my opinion, since the company has signed a contract for the employee, it should purchase social security for the employee according to the provisions of the labor law. If the employee is dismissed before the contract expires, the employee shall also be compensated in accordance with the provisions of the labor law. If the company does not solve the issue of social security and dismissal compensation, the employee can apply for labor arbitration and claim compensation for social security and seniority compensation.
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The company is required to pay the corresponding economic compensation and economic compensation for illegal dismissal of employees, and the economic compensation is calculated as one month's salary for each year of service, and the economic compensation is calculated as one year if it is less than one year, and the economic compensation is twice the economic compensation. At the same time, if the company does not pay social security to you, you can ask the company to make supplementary payments in accordance with relevant regulations. Negotiate with the company first, and if the negotiation fails, you can apply to the local labor arbitration commission for labor arbitration.
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If the contract does not expire, the employee will be paid one month's salary for one year, but up to a maximum of 11 months, if you are not at fault. If you have not been given social security, you can ask the company to make up for it. If the company refuses your request, you can apply for labor arbitration at the labor arbitration department where the company is located.
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According to the provisions of the Labor Law, after signing a labor contract with an employee, the employer must purchase social security for the employee, and if the employee is dismissed without reason, he or she shall be compensated according to the length of service, not less than one month's salary per year, and if there is no social insurance, the employee can file a complaint with the local social security department.
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The company has signed a labor contract but has not bought insurance, and the contract has not expired, and what kind of compensation does the employee have in terms of insurance and salary? In accordance with the provisions of the Labor Law. The employee is not grossly negligent, and the employee who dismisses the employee without cause shall be compensated 2n compensation. Then pay the insurance in full.
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If the company has signed a labor contract, but has not paid social security, the dismissal will be compensated according to the working years in the company for one year and two months, and the social security during the employment period must also be paid.
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Although the company has signed a labor contract with the employee but has not purchased social insurance, the signed labor contract should be invalid and can be reflected to the employment bureau for resolution, and the compensation can be applied for in accordance with the provisions of the labor contract law.
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The company signs a labor contract. But I have not bought an insurance contract and the company has not signed a labor contract, but I have not bought an insurance contract and it has not expired, what compensation should I pay for the insurance and salary of the resigned employee? I don't think there is any compensation for this problem, just pay you a monthly salary and it's over, and there is no other compensation, because he has no insurance and nothing.
You are still a kind son, what compensation should you have? I don't think there is any compensation for this problem, just pay you a monthly salary and it's over, and there is no other compensation, because he has no insurance, nothing, you are still a resign.
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If the company does not buy insurance, it should ask the company to help you make up the payment as required, and if you dismiss the employee before the contract period expires, you should give appropriate compensation according to the length of time the employee has worked in the unit, and you can go to the labor department to apply for arbitration to claim compensation.
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If the company signs a labor contract, but has not bought insurance, and the contract does not expire to dismiss the employee, then the company will compensate in accordance with the labor contract, and if there is a compensation clause in the labor contract, it must be carried out in accordance with the terms of the labor contract.
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After the company signs a labor contract with you, it should pay you the relevant social security, etc., the company does not pay you, indicating that the company has its own problems, you can go to the relevant labor department to appeal, the contract period has not reached you will be dismissed, this has a saying, mainly based on the labor contract, negotiate the compensation issue.
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It is the obligation of the unit to pay social insurance, and if you do not pay the insurance, you can report to the complaining unit and ask for compensation and compensation for economic losses.
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Within 3 months after signing the labor contract, the employee must pay insurance, and if the employee is dismissed without cause during the contract period, double the salary will be compensated. You can report it to the Labor Arbitration Department, and the Labor Arbitration will get your double compensation back.
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The company should make up for the insurance that should be bought, and in addition, according to the average monthly salary of the employee in the previous year, the compensation for one month for one year and less than half a year will be calculated as one year.
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I didn't have insurance on my labor contract, so I didn't have a job when I retired or when I was going to get fired.
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The company has signed a labor contract, but has not bought an insurance contract and has not expired, how should the employee insurance and the company compensate? You have a problem with your phone, which is very professional, and it is better to be a labor and employment department, and their professional department will help you deal with these things.
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If I have signed an employment contract but have not bought insurance, and the contract has not expired, should I have any compensation for the work-related injury and wages of the dismissed employee? I think in general, if you don't get fired before you arrive, I think there may be some compensation.
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If the employer terminates the contract, it shall pay compensation according to the number of years of service, and the employee may request for supplementary social security payment.
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The company terminated the contract with the employee in advance, and failed to pay social security for the employee during the contract period. Only by applying for labor arbitration can you protect your rights.
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There is nothing to say about this, state the facts, and go to the local arbitration company. Accompaniment to local standards. Retroactive submission is the minimum.
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Double wages for up to two years. To make up the insurance, how many months you have been on it, how many months of salary you have to compensate.
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Depending on the length of your working hours, there is a contract as evidence, and there is a salary slip or a bank account to compensate according to the length of your working hours.
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If the company ignores the compensation, the matter can be resolved by going to the labor dispute arbitration tribunal of the labor bureau to appeal and report to the social security bureau in real name.
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1.If you request to sign a labor contract, and it has been more than one month since the establishment of the labor relationship, you can claim that the company has signed a labor contract with you, and ask the company to pay double wages from the second month to the 12th month of work in accordance with the law, and you can get 11 months of double salary compensation. Article 82 of the Labor Contract Law stipulates that:
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 wage. ”
2.Make retroactive contributions to all social security payments during the working period. If you do not make a supplementary payment, it will be converted in cash.
Article 1 of the Interpretation (III) of the Supreme People's Court: "Where a dispute arises where a worker requests the employer to compensate for losses on the ground that the employer has not settled the social insurance formalities for him or her and the social insurance handling organization cannot make up for it, the people's court shall accept it." Therefore, a lawsuit may be filed with the people's court to demand compensation from the employer.
3.When you leave your job, you will be asked to pay you severance by the company. One month's compensation is paid for each year of work, half a month's salary is compensated for less than 6 months, and one month's salary is also counted as 6 months. It is calculated based on the actual working hours.
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You can go to the labor arbitration department first, tell me about your situation, and there is another one, you have to prove that he did not give you holidays on holidays, and did not give you three times the salary Well, this evidence may be a little difficult, the main thing, you still go to the labor arbitration department to consult, this kind of thing to find the labor arbitration department for arbitration, if the arbitration can't be done, you can go to the court to sue, if the employer does not pay social security to you, you can ask him to pay all the social security you have during the working period, If he doesn't give you 3 times the salary, you can also ask him to compensate for the leave, if there are only two days in a month, it is also a violation of the labor law, and he can also ask him to make up for the overtime pay you who did not take the leave, or give you compensatory leave.
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If the employee is forced to resign on the grounds that the employer has not paid social insurance, the employer is required to pay economic compensation. If the employee resigns voluntarily, the employer does not need to pay severance payment, and if he resigns without signing a labor contract, what compensation will he get? The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.
In addition, Pi Youfan can also claim that the company pay the social insurance premiums for the duration of the employment relationship for him through legal procedures. If I have not signed an employment contract, I need to inform my employer how many days in advance of my resignation? The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month.
During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee should submit the resignation in writing 30 days in advance. Employees can ask the company to settle your full salary within three business days, leave early or voluntarily, and the company has no right to deduct money. If I resign without signing a labor contract, do I need to pay liquidated damages, and if I do not need to pay liquidated damages, even if the liquidated damages are stipulated in the labor contract, it is invalid.
Article 25 of the Labor Contract Law of the People's Republic of China stipulates that: "Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages." Article 22 of the Labor Contract Law provides that if an employer provides an employee with special training expenses and professional and technical training, it may enter into an agreement with the employee to stipulate the service period.
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training fee for the unfulfilled part of the service period.
If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism. Article 23 of the Labor Contract Law stipulates that the employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period.
If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
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Legal analysis: Even if there is no labor contract, the employer shall establish an employment relationship with the employee from the date of employment, and the employee shall receive the corresponding salary after work, and after the resignation of the employee, the employer shall pay the employee the salary according to the standard stipulated in the labor contract, and if the employer is at fault, it can claim compensation.
Legal basis: Labor Contract Law of the People's Republic of China
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
According to the relevant provisions of China's "Labor Contract Law", employees have the right to resign, and according to the relevant documents, the enterprise has no right to economic penalties, so according to the situation you mentioned, you only need to submit a resignation application one month in advance, and you cannot ask for economic compensation, and you do not need to bear liquidated damages. >>>More
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.
It is necessary to confirm the employment relationship first, but based on the evidence you mentioned, it is more likely that the employment relationship will be confirmed, and if the employment relationship can be confirmed, the work-related injury can be determined.
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
If the employer has not signed an employment contract with the employee, the employee may apply for labor arbitration and demand the employer to pay compensation or severance (severance if the illegal termination is compensation in accordance with Article 46 of the Labor Contract Law), double wages for failure to sign the labor contract (starting from the second month of employment, up to 11 months), etc. >>>More