Someone who understands the law comes in to help out in a hurry, and adds points

Updated on society 2024-03-16
8 answers
  1. Anonymous users2024-02-06

    1. "Does the school have the responsibility to pay pension insurance for us": responsible.

    1) And not only endowment insurance, but also medical insurance, unemployment insurance, and work-related injury insurance. Among them, endowment insurance, medical insurance and unemployment insurance, these three types of insurance are the premiums paid by enterprises and individuals, and the work-related injury insurance is completely borne by enterprises. Individuals do not need to pay.

    2) Temporary workers are a term under the planned economic system, and after the implementation of the Labor Law in 1995, there was no such concept: all of them are called laborers, and the law of "temporary workers" without signing a labor contract is also recognized as a de facto labor relationship, which is also protected by labor laws and regulations.

    2. "The key is that I have been laid off now, can I still pay the endowment insurance to the school?" It doesn't matter if you have been laid off, you can ask the employer to pay back the social insurance during your previous employment

    If the negotiation fails, you can go to the labor department to file a labor arbitration, and if you are not satisfied with the labor arbitration, you can also go to the court to file a lawsuit.

    3. But here's the point: how do you prove that you've been working in the school for 14 years! This evidence is the key, you don't have to worry about winning with evidence, and you can't say without evidence.

    Do you have a work card, salary card, pay slip, or any other thing that can prove that you worked there? It's a good idea to find evidence of time records that show when you're best at working.

  2. Anonymous users2024-02-05

    As long as there is an employment relationship, you can ask the school to make up the payment, and you can go to the local labor department to complain.

  3. Anonymous users2024-02-04

    If you are a temporary worker, I guess there is no employment contract, so naturally there is no agreement on wages and social insurance. However, you have formed a de facto employment relationship, and Article 14 of the New Labor Law stipulates that in any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

    1) The worker has worked for the employer for 10 consecutive years.

    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. 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.

    Therefore, if the school terminates the employment contract, it should give you 12 months' salary as economic compensation.

    However, according to the new Labor Contract Law, in fact, you have not applied for labor arbitration on social security issues for more than one year, so the labor arbitration institution will not support your social security claim.

  4. Anonymous users2024-02-03

    The school should pay you social pension insurance, at least since the implementation of the labor law in '95. Otherwise, you have the right to file an arbitration with the Labor Arbitration Commission and request to complete the formalities again.

  5. Anonymous users2024-02-02

    You can ask the school to pay the pension insurance, and you can go to the Social and Labor Security Bureau to ask for arbitration.

  6. Anonymous users2024-02-01

    If the statute of limitations for arbitration has not expired, the school can be required to pay back the pension insurance.

  7. Anonymous users2024-01-31

    Responsible, temporary workers also indicate that you have an employment relationship with the school, and as long as there is an employment relationship, you should be responsible for your social insurance according to the labor law, and this year there are similar cases such as Xi'an Jiaotong University cleaner social security case won is an example.

  8. Anonymous users2024-01-30

    First of all, from the information you provided, it is not stated whether the defendant is Huatai or the workers' club. Therefore, it is not possible whether the defendant can be exempted from liability.

    Here can only be a general analysis: "Huatai has no license, its exhibitor samples are not produced by Huatai" This shows that Huatai in the conclusion of the contract, obviously fraudulent, according to the provisions of Article 54 of China's Contract Law: the contract concluded in a fraudulent way can be requested to be changed or revoked, A has the right to ask Brother Dan to cancel the contract, refund the payment.

    This is strategy one. Strategy 2: According to Article 108 of China's Contract Law, Huatai's behavior has shown that it is unable to perform its contractual obligations as agreed, and A can require it to return double the deposit and compensate for losses, according to the provisions of Article 91 of China's Guarantee Law

    The amount of the deposit does not exceed 20% of the contract amount", the contract price is 1800 yuan, the deposit shall not exceed 360 yuan, and the deposit penalty cannot be applied to the excess part, A can require Huatai to pay 360 * 2 + (1000-360) dust reputation = 1360 yuan, and compensate for the loss, the amount of loss is calculated according to Article 113 of the Contract Law. As a guarantee, how to assume the guarantee liability depends on how the guarantee contract is signed and what is the specific guarantee?

    All legal disputes about the contract need to see the contract itself and take the specific agreement of the contract as the starting point to solve!

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