I didn t sign a contract after working for a year, and I only subsidized 400 insurance per month, an

Updated on society 2024-04-26
4 answers
  1. Anonymous users2024-02-08

    If an employee resigns in accordance with the normal resignation procedure, the employer cannot deduct the employee's wages, and if the employer deducts the employee's wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

    If the employer has not signed a labor contract with the employee, the employee may request the employer to pay double wages.

    If wages are not paid in a timely manner, there are two ways to claim wages:

    1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

    2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

    Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

    Legal basis: Provincial wage payment regulations. For example:

    Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

    Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

    Labor Contract Law of the People's Republic of China

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

  2. Anonymous users2024-02-07

    You didn't provide comprehensive information, huh?

    There are two points that the unit is wrong, one is not to sign the contract, and the other is to subsidize the insurance.

    If you don't sign a contract, you can provide evidence of your work with the employer, such as pay stubs, attendance sheets, etc., and the employer will pay three times the salary.

    Insurance is a mandatory payment for employees, and it is wrong to provide subsidies, and you can ask for supplementary payment.

    If you just need to resign, then you can communicate with the unit and not deduct your salary, and you will no longer pursue the above two points, as long as you do not deduct your salary.

  3. Anonymous users2024-02-06

    Summary. Hello! Yes, if you do not sign an employment contract, you will be compensated double your salary

    According to Article 82 of the Labor Contract Law, "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.

    I have worked in the company for 1 year and 1 month, and the employer has not bought social security and signed a labor contract, can I apply for double salary and compensation after resignation?

    Hello! Yes, double wages shall be compensated for failure to sign the labor contract: According to Article 82 of the Labor Contract Law of Promotion:

    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." Due to short selling, the company should pay double wages when the labor relationship is terminated. If the payment is not made, the employee may apply for labor arbitration.

    Is the labor arbitration one year including the probationary period of one month?

    Is the labor arbitration one year including the probationary period of one month?

    Hello, including.

    This means that labor arbitration is valid for one year including a probationary period.

  4. Anonymous users2024-02-05

    If it is a work-related injury, you can go to the Social Security Bureau to apply for a work-related injury determination by yourself.

    The unit is required to pay social security, but the 300 of the monthly compensation will be returned to the unit.

    After the work-related injury is determined, because the unit has not paid social security, the ** expense is borne by the unit.

    Regulations on Injury Insurance of the Mori Group

    Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

    1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

    2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

    3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

    4) Suffering from occupational diseases;

    5) Injured or unaccounted for in an accident while away for work;

    6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

    7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

    Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, with the consent of the administrative department for reporting social insurance, the time limit for application may be appropriately extended.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

    Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

    Social Insurance Act

    Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

    The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

    Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

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