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In this case, you can go to the labor bureau to file a complaint or lawsuit, and there are 3 results:
1. The employer will compensate you for the five insurances, and then sign a labor contract to pay the five insurances, and you can continue to work.
2. The employer compensates you and then tells you not to go to work. If the unit constitutes illegal dismissal, there is also compensation.
3. The employer is a scoundrel and does not recognize that you are an employee, and consumes with you.
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If an individual has a social insurance dispute with his or her employer, he or she may apply for mediation, arbitration, or file a lawsuit in accordance with the law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to handle the matter in accordance with law.
There are two ways to handle social security:
1. Payment in the name of an individual: you need to apply to the social security bureau where your household registration is located, and the procedures include: your ID card, two of the recent bareheaded one-inch **, premiums, application forms, etc. And only two kinds of pension and medical insurance can be handled.
The amount of contribution is calculated based on the local average salary of the previous year, and it is not the same every year. For example, if the average salary of a community is 20,000 yuan, then the pension insurance payment is 20,000 * 20% = about 4,000 years, and the medical treatment is 20,000 * 10% = about 2,000 years. In addition, the minimum and maximum levels are also stipulated, and the payment of the lowest level shall not be less than 60% of the average monthly wage of employees at the social level, and the highest level shall be 300% of the average monthly salary of employees.
Generally, the lowest grade is the majority. In addition, the minimum payment period of pension insurance is 180 months, that is, 15 years, medical insurance needs to pay at least 25 30 years, and you can apply for pension treatment and medical reimbursement when you reach retirement age (as long as the renewal is usually possible).
2. Purchase social security as a unit on behalf of the employer
The employer will bear a large part of the cost, which in turn reduces the pressure on the individual to pay.
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It is deemed that both parties have signed an indefinite term labor contract, and the employer shall pay the employee double the monthly salary from the date on which the contract should be established. According to Article 1 of the Labor Contract Law, if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. In accordance with the provisions of Article 1, if an employer violates the provisions of this Law by not entering into an indefinite-term labor contract with an employee, it shall pay the employee double the monthly salary from the date on which the labor contract shall be concluded without a fixed term.
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(1) Funeral expenses.
Standard: 6 months of the average monthly salary of employees in the overall area in the previous year.
2) Pension for dependent relatives.
Standard (1) According to a certain proportion of the employee's own salary, it will be paid to the relatives who provided the main living ** and are unable to work before the death of the deceased employee. (2) 40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly or orphan on the basis of the above standards. 3) The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died on the job.
3) One-time work-related death allowance.
Standard: The total amount is 20 times the average annual salary of employees in the previous year.
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The relationship between the labor dispatch company and the employee is a labor contract relationship, which is the real employer, and the relationship between the employer and the employee at the place of work is only a labor relationship (secondment relationship), so if an employee is injured in an accident during working hours, the employer should bear the responsibility for the work-related injury. Refer to the Regulations on Work-related Injury Insurance
Article 43 Where an employer is divided, merged, or transferred, the successor unit shall bear the work-related injury insurance liability of the original employer; If the original employer has already participated in the work-related injury insurance, the successor unit shall go to the local agency to change the registration of the work-related injury insurance.
If the employer implements contracted operation, the liability for work-related injury insurance shall be borne by the unit where the employee's labor relationship is located.
If an employee is injured in a work-related accident while on secondment, the original employer shall bear the work-related injury insurance liability, but the original employer and the secondment unit may agree on compensation methods.
If an enterprise goes bankrupt, it shall pay the work-related injury insurance benefits that should be paid by the unit at the time of bankruptcy liquidation.
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If you resign and leave without going through the resignation procedures, it will have an impact on the next job: some companies require the employee to issue a certificate of termination of labor relations when recruiting, proving that you are not at work now, and if there is no resignation certificate, the company will generally not hire you;
1. When leaving the job, it is necessary to go through the resignation procedures and do a good job of handover;
2. The resignation shall be notified in writing to the employer within one month;
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Which companies are required to contribute to the provident fund for their employees?
1. Institutions and institutions;
2. State-owned enterprises, urban collective enterprises, foreign-invested enterprises, Hong Kong, Macao and Taiwan-invested enterprises, urban private enterprises and other urban enterprises or economic organizations;
3. Private non-enterprise units and social organizations;
4. Resident representative offices of foreign, Hong Kong, Macao and Taiwan-invested enterprises and other economic organizations;
5. Some urban individual industrial and commercial households and freelancers can apply for housing provident fund.
What should I do if the provident fund payable unit does not give the employee a provident fund?
If the unit fails to pay or fails to pay the housing provident fund within the time limit, the housing provident fund management center shall order it to pay within a time limit; If they still fail to deposit within the time limit, they may apply to the people's court for compulsory enforcement.
If the unit does not handle the registration of housing provident fund deposit or does not go through the formalities for the establishment of the housing provident fund account for the employees of the unit, the housing provident fund management center shall order it to handle it within a time limit; and where it is not handled within the time limit, a fine of between 10,000 and 50,000 yuan shall be imposed.
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Specifically, it depends on the situation, what is the reason why the employer does not hire? Case-by-case analysis. If you think it's unreasonable, you can appeal to the HR department of the employer.
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Appeals don't have much effect, enterprises and institutions have their own recruitment standards, and not hiring means that you don't meet their requirements.
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If an individual has a social insurance dispute with his employer, the labor department where the employer is located shall mediate it!
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Respond to the consultation of the social security department.
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