Is it illegal to work in a factory without insuring the hygiene of the office?

If the worker reaches the statutory retirement age or begins to enjoy the pension insurance benefits, the two parties belong to the labor relationship, which is the relationship of employment and employment, and the employer does not need to pay social security for the worker.

If the worker has not reached the statutory retirement age or does not enjoy the pension insurance benefits, he is a full-time employee, and the employer must pay social security.

If the worker has not reached the statutory retirement age or has not enjoyed the pension insurance benefits, it is a part-time employee (the working hours do not exceed 4 hours a day, that is, after doing things, you can leave the factory to go home or continue to do odd jobs in other units), social security shall be implemented in accordance with the following provisions:

Opinions on Several Issues Concerning Part-time Employment, Ministry of Labor and Social Affairs, No. 12, 2003

3. Social insurance for part-time employment

10) Workers engaged in part-time work shall participate in the basic endowment insurance, which shall be implemented in principle with reference to the insurance measures of individual industrial and commercial households. For those who have participated in the basic endowment insurance and established a personal account, the payment period before and after is calculated together, and the transfer across the overall planning area shall be handled for the transfer and continuation of the basic endowment insurance relationship and personal account. When the conditions for retirement are met, the basic pension shall be calculated and paid according to the provisions of the state.

11) Workers engaged in part-time work can participate in basic medical insurance in their individual capacity, and enjoy the corresponding basic medical insurance treatment in accordance with the principle of linking the level of treatment with the level of payment. Specific measures for participating in basic medical insurance shall be studied and formulated by local labor and social security departments. 

12) The employer shall, in accordance with the relevant provisions of the State, pay work-related injury insurance premiums for part-time workers who have established labor relations. Workers engaged in part-time work are entitled to work-related injury insurance benefits in accordance with the law; If the employee is assessed to have a disability of grade 5-10, the employee and the employer may settle the disability benefits and related expenses in a lump sum upon consultation between the employee and the employer. 

The Guiding Opinions on the Participation of Urban Flexible Employment Personnel in Basic Medical Insurance (Lao Shefa [2003] No. 10) stipulates that the methods for participating in basic medical insurance are:

4) Flexible employees who have established a clear labor relationship with the employer shall pay for the insurance in accordance with the method of the employer's participation in basic medical insurance. Other flexibly employed persons are required to pay for the insurance in their individual capacity.

5) Starting from the establishment of basic medical insurance, we can first solve the problem of ensuring the large medical expenses of hospitalization and outpatient treatment for flexible employees, and can also establish personal accounts and implement large medical subsidies for some flexible employees who are conditional.

6) In principle, the contribution rate of flexible employment personnel to participate in basic medical insurance shall be determined according to the local payment rate. In areas starting from the overall planning, the payment level of the local basic medical insurance can be determined with reference to the local basic medical insurance. The payment base can be determined with reference to the average annual wage of local employees in the previous year.

The medical insurance premiums paid by flexibly employed persons are included in the unified management of the overall regional basic medical insurance**.

Part-time employment is classified as flexible employment.

It should be illegal, no matter what kind of work, as long as it is a regular employee, you should pay social security.

According to the Labor Law of the People's Republic of China:

Article 70 The State shall develop social insurance, establish a social insurance system, and establish social insurance** so that workers can receive assistance and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

Article 71: The level of social insurance shall be commensurate with the level of social and economic development and the capacity of society to bear it.

Article 72 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; 2) Illness or injury;

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

iv) unemployment; 5) Childbearing.

After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.

Social insurance contributions must be paid in full and on time.

Article 74 The social insurance agencies shall collect and collect, manage and operate social insurance in accordance with the provisions of the law, and shall be responsible for maintaining and increasing the value of social insurance.

In accordance with the provisions of the law, the social insurance supervision agency shall supervise the revenue and expenditure, management and operation of social insurance.

The establishment and functions of social insurance agencies and social insurance supervision bodies shall be prescribed by law.

No organization or individual may misappropriate social insurance**.

According to the Administrative Provisions on the Declaration and Payment of Social Insurance Premiums, an employer shall apply for social insurance registration and declare and pay social insurance premiums for its employees within 30 days from the date of employment. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

The term "social insurance premiums" mentioned in the regulations refers to the basic pension insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by the employer and its employees in accordance with the law.

According to the provisions, the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis, and report it to the employee congress of the unit every year or publish the annual social insurance premium payment status in a conspicuous position at the residence of the employer, and accept the supervision of the employees. The details of the payment and the changes declared by the employer on behalf of the employee shall be signed and approved by the employee himself, and shall be retained by the employer for future reference.

In view of the fact that some employers fail to pay social insurance premiums on time and in full, the provisions make it clear that the social insurance agency shall order them to pay or make up the amount within a time limit, and impose a daily late payment penalty from the date of non-payment; If the payment is still not made within the time limit, the social insurance administrative department shall impose a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment.

The Labor Law stipulates that employers are obliged to pay social insurance for their employees, and it is illegal not to pay social insurance for employees.

If the worker voluntarily waives social security, the contract is invalid.

1. Article 19 of the Labor Law If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

2. Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation.

Of course, you have to buy insurance for your employees.

1. It is the responsibility of the employer not to sign the labor contract, you can ignore it, and you don't have to worry about it, the legal risk of employment lies with the employer.

2. Social insurance is prescribed by the state and shall be established from the date of employment, regardless of whether the labor contract is signed or not, it is illegal for the employer not to handle it. It is also illegal not to pay overtime wages.

3. When you don't want to work in this unit anymore, you can request the employer to pay double wages one month after the date of employment in accordance with Article 82 of the Labor Contract Law. At the same time, it is required to supplement all social insurance.

4. If the unit does not pay, apply for labor arbitration, and win the lawsuit 100%, so there is no need to worry now. However, it is necessary to pay attention to the collection of evidence that can prove the employment relationship.

5. The illegal behavior of the unit can also be used as a reason for your legal resignation, not only is it not subject to the restriction of 30 days in advance, but it does not need to be approved, and you can leave immediately, and you can also claim one month's salary for each year of work in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.

If the labor contract is not signed, the evidence shall be retained, and the employer shall generally pay three times the basic monthly salary.

It depends on what kind of insurance it is. If it is not done with the 5 insurances stipulated by the state, it is a crime. It's a violation of labor laws. If the report is made, the labor law enforcement department should investigate and deal with it. You can report him to your local labour inspectorate.

As long as it violates the laws and regulations of the country, it is a crime. Otherwise, what does the state do when it issues laws and regulations? 》

Your company's practices violate the provisions of the Labor Contract Law. However, it is not a crime, and a crime generally refers to a violation of the criminal law. For such behavior of the company, it is possible to file a complaint with the labor department. Employers are obliged to take out insurance for all employees, and this obligation is mandatory.

You can prove that you are going to work, and the company does not buy social security and medical insurance with you, you can go to the district labor bureau to complain.

There is no legal basis for these practices of the company, social security is mandatory, and overtime must be paid for overtime. Besides, if the boss treats the employee like this, why do you stay in the company or don't raise any objections with the boss?

In this case, you can consult with the relevant local authorities, the company should have work-related injury insurance, if you are a labor dispatch, the official company should let you sign a letter of intent to give up five insurances and one housing fund, etc., as for the statutory holiday work, the salary is three times the salary.

According to the provisions of the labor law, the company must give employees the leading social insurance, especially pension insurance, medical insurance, which belongs to the compulsory insurance of national law, if the company insists on not handling social insurance relations for employees, not paying pension insurance and medical insurance for employees, it is illegal, you can report to the local labor and social security bureau to solve the complaint.

First of all, the employee must sign a formal contract with the company, otherwise the company has the final right to interpretation! Once the contract is signed, according to the contract law, or the specific provisions in the contract, the corresponding benefits will be given! If you ask the company to buy insurance for employees, you can operate according to the above requirements, and if the company refuses, you can report to the relevant departments!

Your boss doesn't understand labor law!!

First of all, it is necessary to sign a labor contract with the laborer, which is the first and necessary, even if it is formal!

Social security must also be paid, but many companies now pay it after a year or half a year.

1. If the company does not pay, you go through the resignation, the procedures are clear, the labor contract is not signed, the social security is not paid, and the resignation documents are completed, and the general manager signs after the resignation documents are retained.

2. Keep a copy of the entry certificate, a work card or something.

3. Pay slips!

Complain to the labor inspection brigade where the company is located, or appeal to the local labor arbitration tribunal! We can definitely win!

You can apply for compensation for not signing a labor contract after joining the company, and make up social security!

Let's take a look at the labor law! (The following is a copy of the content).

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

The employer does not sign a labor contract and pays double wages.

According to the Labor Law of the People's Republic of China, an employment contract is the legal basis for the establishment of an employment relationship between an employer and an employee, and is used to clarify the rights and obligations of both parties. Once an employment relationship has been established, a written employment contract must be signed, and the probationary period is no exception. The labor contract must be legal, otherwise it will be invalid from the date of signing and must be re-signed.

According to the regulations, after signing the contract, the employer shall purchase social insurance for the employee, including endowment insurance, work-related injury insurance, medical insurance, maternity insurance, and unemployment insurance. The labor department has the right to order a unit or individual who does not sign a contract or impose a penalty. For the party who does not sign the contract, the other party has the right to claim compensation for damages.

Disputes arising from the performance of labor contracts may be settled by the parties themselves, or they may apply to the mediation committee of the unit for mediation, or apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court. If the employer does not sign the contract, causing damage to the rights and interests of the employee, the employee may report to the labor security supervision agency in accordance with the law. The labor contract is a strong guarantee for the rights and interests of employees, and employees should pay full attention to the role of the contract.

When one's legitimate rights and interests are harmed, we must have the courage to seek help and protection from the law.

The employer must sign an employment contract with the employee and take out insurance.

The purchase of social security is mandatory and is compulsory. You can negotiate with the employer to settle the problem, and if nothing fails, you can apply for labor arbitration, report and complain to the local labor and social security department, and file a lawsuit with the local court, etc., which can be effectively resolved.

Prepare evidence to prove that there is an employment relationship with the employer, such as pay slips, work cards, attendance records, etc. Generally, the month from the date of employment. When the unit participates in the insurance, the actual salary paid is used as the payment base.

Please check with your local Labor and Social Security Bureau** to file a complaint.