Wage contract insurance compensation, how to compensate contract employees?

1. You can ask for supplementary payment of social security.

2. Resign without insurance and ask for economic compensation for n months (calculated according to the time of employment, one month of compensation for one year, and so on).

3. If the company cannot properly solve the problem, it can apply for labor arbitration.

1. If it is illegal for the company not to apply for social security for you, you can ask for social security to be paid for you. Otherwise, you can file a complaint with your local labor administration. This is like not buying social security, suing one to win another.

2. Of course, the labor contract is held by the employee and the employer, and you can ask your company for it. But if they don't give it to you, it's hard to do. Unless you can prove that they didn't give it to you.

But it doesn't matter, he will not affect your labor lawsuit, because the state now stipulates that in the event of a labor dispute, the employer should provide evidence.

3. Of course, the resignation shall be notified in writing to the employer one month in advance (except for the probationary period). If you resign, the employer is not required to compensate you.

If the employer fails to obtain an employment contract in accordance with Article 16 of the Labor Contract Law, it shall be handled in accordance with Article 81.

Termination of the labor contract is a right granted to the employee by Article 37 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment Contract Law.

After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.

1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;

2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;

3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).

Legal Analysis: Compensation wages are paid according to actual wages.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, negotiation and balance, and good faith. The labor contract concluded in accordance with the law shall be binding and shall be terminated by the employer and the employee.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: Compensation Methods for Contract Employees: Section.

1. If both parties agree to terminate the contract through consultation, they shall be compensated with double the economic compensation. Severance is based on the number of years of service of the worker, one month's salary for each full year, six months to one year, and half a month's salary for less than six months; Clause.

2. If the unit is illegally terminated or terminated, it shall be compensated twice the economic compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and the employer agrees to terminate the labor contract through consultation with the employee; (6) The labor contract shall be terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Compensation is a one-time economic subsidy paid by the employer to the employee after the dissolution or termination of the labor contract. Compensation refers to a certain amount of money paid by one of the parties to the other party in order to compensate for the shortfall of liquidated damages when the other party causes losses to the other party due to its breach of contract. Severance is also known as dismissal compensation in China's labor code.

The relevant legal provisions are referred to as the method of economic compensation. Severance Payment: According to the Circular of the Ministry of Labor on Printing and Distributing the Measures for Severance Compensation for Violation and Termination of Labor Contracts, if the employer terminates the labor contract by consensus of the parties to the labor contract, the employer shall pay the employee an severance payment equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months.

If the working time is less than one year, severance shall be paid at the rate of one year. In addition, if the base amount of severance paid by the employer for the termination of the labor contract is lower than the minimum wage standard of the Municipality, it shall be calculated and paid according to the minimum wage standard of the Municipality in the month of termination of the labor contract. Severance payment of 50:

According to Article 10 of the Notice of the Ministry of Labor on Printing and Distributing the Measures for Economic Compensation for Violation and Termination of Labor Contracts, if an employer fails to give an employee economic compensation in accordance with the provisions after terminating the labor contract, it shall pay an additional economic compensation equal to 50% of the amount of the economic compensation in addition to the full amount of the economic compensation. Compensation for the termination of the labor contract by the employer in violation of the provisions or the provisions of the labor contract:

According to the provisions of the Measures for Compensation for Violations of the Labor Law on Labor Contracts Caused by the Ministry of Labor: (1) If the loss of wages and income is caused to the employee, the employee shall be paid according to the salary income due to the employee, and the compensation fee of the due wage income 25 shall be paid? (2) If the loss of labor protection benefits is caused to the laborer, the labor protection allowance and supplies of the laborer shall be supplemented in accordance with the provisions of the state; (3) In the event of a loss of work-related injury or medical treatment caused to a worker, in addition to providing work-related injury and medical treatment to the worker in accordance with the provisions of the State, the worker shall also be compensated for medical expenses equivalent to 25 per cent; (4) If the physical health of female employees and juvenile workers is harmed, in addition to the medical treatment provided for the first period in accordance with the provisions of the state, compensation equivalent to their medical expenses25 shall also be paid.