The company only pays pension insurance and work insurance, how should employees violate their right

Complain to the labor inspection brigade of the local labor department.

Article 4 of the Social Insurance Law of the People's Republic of China stipulates that employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the Law on Rights have the right to inquire about payment records, personal rights and interests records, and request social insurance agencies to provide social insurance consulting and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.

At present, the "five insurances and one housing fund" refer to the collective name of several types of protective treatment given by employers to employees, and "five insurances" refer to five types of insurance, including endowment insurance, medical insurance, unemployment insurance (including serious illness insurance), work-related injury insurance and maternity insurance; "One gold" refers to the housing provident fund. Among them, endowment insurance, medical insurance and unemployment insurance, housing provident fund are premiums jointly paid by enterprises and individuals, and work-related injury insurance and maternity insurance are fully borne by enterprises, and individual employees do not need to pay. It should be noted here that the "five insurances" are statutory, so the insured units must pay endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance in full and on time, and any arrears, concealment, and refusal to pay are illegal acts.

Therefore, for the five insurances, one of them cannot be paid separately.

Many local social security bureaus are bound to pension, work-related injury and maternity, and your company can only buy endowment insurance, or you can go to the local social security bureau to question.

The company only provides pension insurance to employees, and does not cover medical, unemployment, work-related injury and maternity insurance, which is obviously a violation of the "Social Insurance Law", which will be implemented on July 1 this year. Before the implementation of the new law, what employees could do was to actively advise the company to provide more insurance for their employees. After the implementation of the Social Insurance Law, employees may file for labor arbitration or resort to law to protect their social insurance rights and interests in accordance with the law if their repeated requests are unsuccessful.

Initiate arbitration with the Labor Arbitration Department.

According to the Social Insurance Law, employers and workers shall participate in social insurance in accordance with the law, including basic endowment insurance, basic medical insurance, unemployment insurance, work-related injury insurance and maternity insurance. The employer shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal.

Within 30 days from the date of employment, the employee shall apply to the social insurance agency for social insurance registration. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

In practice, there are cases where the employer does not fully participate in the five insurances, mainly because medical insurance and unemployment insurance are related to basic endowment insurance, work-related injury insurance, and maternity insurance. It is only to participate in work-related injury insurance, and the social insurance institution will not handle it.

Social insurance is mandatory, and all five insurances in social insurance are mandatory, so it is of course illegal to participate in only one enterprise.

No, the Social Insurance Law stipulates that all enterprises and individual employees must pay social insurance (pension, medical care, maternity, unemployment, and work-related injury insurance), so it is mandatory, and enterprises cannot only participate in work-related injury insurance.

If you have paid the five insurances in another company, you can only pay work-related injury insurance in another company with multiple labor relations.

If you are a dispatched employee, many dispatching units also pay work-related injury insurance.

In general, the units pay five insurances.

It's not a matter of breaking the law, it's not going to work at all...

Labor insurance includes endowment, medical care, employment, maternity and work-related injury, of which endowment insurance and medical care are the basis, just like the main insurance and additional insurance in commercial insurance, work-related injury insurance cannot be paid separately. In some places, laborers (rural hukou in other places) can only pay work-related injuries and medical care, but in the past two years, it has gradually changed, and laborers must also pay pension insurance + medical care + work-related injury (three insurances), and there is no employment and maternity insurance.

You can contact me for separate payment of work-related injuries, and the place of payment is in Hubei.

Well, if you report it to the social security center, it is very likely to be successful, but it is difficult to say about the work. You'll have to weigh the pros and cons yourself!

There is certainly no problem if you don't apply for medical insurance, the question is what to do after the report. If you choose not to denounce, you will have to collect all the evidence of your work for the company, and pay attention to starting with the onboarding; Finally, when you have to leave, you will go to the labor bureau to report it, ask for compensation, or go to court to file a lawsuit.

Hehe, this method is more insidious, but there is no way, workers are a vulnerable group, and they must learn to protect themselves.

You can report it anonymously, and then the boss of the company will naturally act according to the law.

Yes, you can file a complaint with the Labor Bureau.

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

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 100 Where an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

Article 105 Where the provisions of this Law are violated and the lawful rights and interests of workers are infringed upon, and punishment has already been provided for by other laws or administrative regulations, punishment shall be given in accordance with the provisions of that law or administrative regulations.

Unless you're of retirement age.

Otherwise, according to the statutory rules, you must pay five insurances and one housing fund.

Otherwise, such as work-related injuries or dismissals, the company will have to pay the employees no matter how much money they have - the company cannot be greater than the national legal rules.

Break the law, report to the local social security bureau, and ask for processing!

Generally speaking, it is necessary to buy pension and medical care, and the other insurances depend on the situation, and I don't know how your unit operates.

You can report it to the Social Security or Labor Inspectorate.

Go to the labor inspection to report it, and then go to the labor arbitration to appeal.

Article 84 of the Social Insurance Law clearly stipulates that if an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 86 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall impose an additional late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

You can report to the social insurance department under the Social Insurance Law, or apply for labor arbitration.

No. The company must pay five insurances to its employees.

According to the "Social Insurance Law of the People's Republic of China", the provisions are as follows:

1. Article 10 Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.

Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual.

The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***.

2. Article 23 Employees shall participate in the basic medical insurance for employees, and the employer and the employee shall jointly pay the basic medical insurance premiums in accordance with the provisions of the state.

Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees at the employer, and other flexibly employed persons can participate in the work.

3. Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.

4. Article 44 Employees shall participate in unemployment insurance, and the employer and the employee shall jointly pay unemployment insurance premiums in accordance with the provisions of the State.

5. Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

As of December 3, according to relevant statistics, at least more than 20 provinces have announced plans for the combined implementation of maternity insurance and basic medical insurance for employees. If the employees of the enterprise need to be reimbursed for the maternity allowance in the near future, they should understand the specific situation of the merger of the two insurances in the locality.

Female 50 years old in the unit to pay for 8 years, the individual paid for two years and then in another unit to pay 5 years of five social insurance and one housing fund, the social security bureau said not to allow the pension insurance in the enterprise to pay personal contributions, retirement said that it is not enough to work for 15 years, if the individual pays the pension insurance other four social insurance and one housing fund can also be paid in the enterprise.

No, the unit must pay five social insurances and one housing fund for employees.

If an employer fails to pay work-related injury insurance, the employer shall pay work-related injury insurance benefits to the employee who has been injured by a work-related accident.

The procedures for handling work-related injury insurance benefits are as follows: work-related injury identification - labor ability appraisal or occupational disease appraisal - determination of compensation amount - implementation.

The specific process is as follows:

1. Apply for work-related injury recognition (if the labor relationship is not clear, you should first apply to the labor arbitration commission for confirmation of the labor relationship).

Regulations on Work-related Injury Insurance

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, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

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.

2. Apply for appraisal of labor ability and suspension of work and pay period.

Article 21 of the Regulations on Work-related Injury Insurance.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

3. Apply for labor arbitration to determine the amount of compensation.

Article 54 of the Regulations on Work-related Injury Insurance.

In the event of a dispute between an employee and an employer over work-related injury benefits, it shall be handled in accordance with the relevant provisions on the handling of labor disputes.

4. If the employer fails to pay the fees in accordance with the arbitration decision, it shall apply to the court for compulsory enforcement.

Article 51 of the Law on Mediation and Arbitration of Labor Disputes.

The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

It is not allowed to give the employees of the unit three insurances, which is required by law.

Although the state stipulates that companies must have insurance for their employees (and now it is five insurances and one housing fund), few companies have all the insurance for their employees, or even not.

Your company can only take out a few of these insurances, but it is important to note that you can't go to medical care if you don't care for the elderly! The same goes for work-related injuries (but if you know the people at the social security office, it's a different story), so pension is the premise!

Moreover, pension and work-related injuries are relatively easy to handle, and medical treatment is more troublesome! (Because now I'm doing these things for the company's employees, so I know a little bit).