Paid 1 year of insurance, but did not sign a labor contract

If you apply for labor arbitration for your point of view, the employer bears the burden of proof of important labor information, such as attendance and labor contracts. It is also a violation of labor law to leave the company and not settle it, and the specific compensation standard depends on your salary. If you do not sign an employment contract, you are in a disadvantageous position, and as long as you apply for arbitration, you can compensate for 11 months' wages, which is calculated according to your average salary in the past 12 months.

This legal requirement is very rigid, and as long as the employer can't provide evidence that you have signed the contract, they will be in trouble. If the salary is high, it is recommended to consult a professional lawyer. The deduction of the social security part that should be borne by oneself is reasonable, depending on the local payment standard.

The question of whether it is before or after tax, if there is no evidence to prove that it is paid by the unit, the general treatment is withheld and paid by the unit, that is to say, the individual income tax is borne by itself.

If the 12 months of social security you pay back are not paid by the employer, you can go to the labor arbitration department to apply to the employer to pay you the additional money.

When paying endowment insurance, the unit pays a part, and the individual does have to pay a part, you can go to the local social insurance department to ask, how much should you pay as an individual, if it is just to reach the social security part of the money, then there is no problem. If you have any money left after paying social security, you can apply to pay you the remaining wages through the labor arbitration department.

As for the issue of overtime pay, the general labor arbitration department does not accept it.

If you have worked for one year and have not signed a contract or paid social security, you can claim compensation and ask the enterprise to make up the previous social security. Clause.

1. If the company does not pay social security, it can request to pay social security. Social security should be handled one month after employment, and if it is not handled, you can complain to the social security department. Clause.

2. If it is illegal for the company to not sign a contract, the company may be required to pay double the salary for not signing a written labor contract. Clause.

3. If the company terminates the labor contract illegally, it will also be liable for compensation, and the standard of compensation is twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance compensation. Clause.

4. If you have worked in the company for one year, the company will terminate the labor contract and need to pay unemployment insurance money. Social insurance refers to a non-profit social security system with the function of income redistribution in order to prevent and compel the participation of the majority of members of society.

If an indefinite labor contract has been concluded with the employee on the date of one year from the date of employment, the employee shall immediately conclude a written labor contract.

Legal basis: Article 10 of the Law of the People's Republic of China on Labor Contracts Article 10 A written labor contract shall be concluded to establish a labor relationship. 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.

Generally, it is only supported for the last two years, and the previous one is not supported (beyond the statutory statute of limitations), and at the same time social insurance.

It is also generally not supported to make a one-time payment for 16 years, and can only negotiate with the employer to give appropriate compensation.

Regulations on the Supervision of Labor and Social Security

Article 20 Where violations of labor security laws, regulations or rules are not discovered by the labor security administrative department within two years, nor is it reported or complained about, the labor security administrative department shall not investigate and deal with it. The time limit provided for in the preceding paragraph is calculated from the date on which the violation of labor security laws, regulations, or rules occurs; Where violations of labor security laws, regulations, or rules are continuous or continuous, it is calculated from the date on which the act ends.

If you have worked for 16 years, have not signed a labor contract, and have not had social security, of course, you can ask the unit to make up or compensate. This is because although there is no labor contract, there is an actual labor relationship. It is necessary to sign a labor contract with you and pay social security for you.

Because they didn't determine that the labor law required back payment, of course it was okay. It is also possible to request.

This is completely possible, although there is no labor contract, but it has formed a de facto labor relationship with the unit, and the unit must pay social security in accordance with the law.

It's useless to ask. Only through negotiation, or through legal procedures, collecting evidence, salary slips, witnesses, etc., can you have to pay back. Otherwise, it's more than 100,000, how can the boss be a good person!

The employer may be required to make up the social security contributions, or the employer may resign on the grounds of non-payment of social insurance, and request compensation according to the number of years of service.

The first step is to go to the Labor Relations Department of the Human Resources and Social Security to confirm the labor relationship.

The second step is to go to the labor arbitration institution of the human resources and social security to appeal on the grounds that the unit has not participated in social security.

The third step is to go through the procedures for supplementary payment of social security according to the arbitration structure.

If you work in your employer, then it is a full-time labor contract, and you should sign the labor contract in accordance with the regulations, and pay or pay the same amountSocial insuranceSalary,If the employer to which you belong is hired on a full-time basis, and has not signed a labor contract, let alone paid social security wages, then it is obviously a violation of the Labor Contract Law.

The behavior is a disciplinary offence. Then the first step should be to stipulate that the enterprise unit should sign the labor contract normally, and pay the corresponding social insurance salary and treatment in accordance with the regulations, because as far as the unit is concerned.

Normal payment of social security wages is the responsibility and obligation of our enterprise units, all enterprises can not refuse to pay social security for employees, at the same time to sign a labor contract, is also a clear provision of the labor contract law, so the violation of discipline is for the enterprise unit is due to a small loss, the final adverse impact is likely to be free to sign the labor contract and pay basically personal social security.

It is stipulated that the labor contract shall be signed and the labor relationship shall be created.

It's been more than a month.

It can be considered that the enterprise has signed an employment contract with you and stipulated that the enterprise shall pay double wages from the second month to the 12th month of work in accordance with regulations, and double wages may be stipulated. You can get 11 months of double wages. Article 82 of the Labor Contract Law requires:

If the employer is not satisfied with the employee for more than one month from the date of employment and fails to sign a written labor contract with the employee for one year, it shall pay the employee twice the monthly salary. "According to the requirements of the Labor Contract Law, your company has seriously violated the regulations.

You have the right to immediately eliminate the compensation stipulated in the labor contract, and you should first report to the local labor inspection brigade.

The report was filed for investigation, and at the same time went to labor arbitration.

Stipulate the termination of the contract and compensation, and double wages, and the court lawsuit, preferably after the lawsuit is unsuccessful or the enterprise does not implement the arbitration result. If you belong to a metropolis, you will win this case and get more than 20 months' salary, at least 6 months' salary.

If you fail to pay back, you should be given a certain monetary subsidy, and you can apply to the Labor and Social Security Bureau.

Yes, because the relevant laws of China stipulate that the company must pay social security for employees, and it is illegal to not sign a labor contract.

In this case, it is generally not possible, because you have not signed a labor contract, and in a certain sense, you are not a regular employee of the company, and the company can also refuse your request.

Summary. Hello dear, it is a pleasure to serve you <>

The employer has not paid social security or labor contract for many years, and needs to pay double wages. According to the clear provisions of the Labor Contract Law of our country, if the employer recruits workers and establishes labor relations. It is necessary to sign a written labor contract with the employee, and it is also necessary to pay social insurance.

How to compensate for the failure to pay social security for many years and the labor contract has not been signed.

Hello dear, it is a pleasure to serve you <>

The employer has not paid social security or labor contract for many years, and needs to pay double wages. According to the clear provisions of the Labor Contract Law of our country, if the employer recruits workers and establishes labor relations. It is necessary to sign a written labor contract with the employee, and it is also necessary to pay social insurance.

Extended information: 1. If the employer fails to pay social security to the employee, the employee can propose to terminate the labor contract, which should be 30 days in advance. 2. If the labor contract is terminated on the initiative, the employee can also ask for economic compensation.

Severance payments are generally paid on a monthly basis. 3. In addition, the labor inspection department shall urge the payment of outstanding social insurance premiums. When paying social insurance premiums, the employer also bears a late payment penalty of 5/10,000 per day.

Therefore, the punishment of not signing the labor contract on time and paying social security is very serious. However, employees must take the initiative to defend their rights. After all, there are places that the labor department cannot supervise, and as long as the employees provide clues, the labor department will protect the rights and interests of the employees.

4. 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. 5. If the employer violates the regulations by not entering into 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 be concluded.

The compensation is changed as follows:

Article 82 of the Labor Contract Law stipulates that if the employer is at the same time as the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage.

Article 47: Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The unit must apply for social security for the employees, and the social security is statutory, as stipulated in Article 84 of the Social Insurance Law

1. If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit;

2. 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; Sentence of Finaga.

3. The person in charge and other persons directly responsible for the direct shooting are to be fined not less than 500 yuan but not more than 3,000 yuan.

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

Summary. If you and the company have paid social security but have not signed a labor contract, you can ask the employer to sign a labor contract immediately, and make certain compensation for the time period that has not been signed before, pay social security, and have not signed a labor contract for more than a year.

If you and the company have paid social security but have not signed a labor contract, you can ask the employer to sign a labor contract immediately, and make a town of compensation for the time period that has not been signed before. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish an employment relationship between the employer and the employee from the date of employment, and to conclude a labor contract and pay social insurance within a month. If the employer does not sign a labor contract and does not participate in the pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law.

If the company has paid social security, but has not signed a labor contract for more than a year, can I apply for double salary compensation?

You can ask the employer to pay double wages as compensation. If the employer fails to conclude a written labor contract with the employee for less than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage.

It's been one year and three months, and you can apply for a few months of double salary compensation.

12 months.

Will Labor Arbitration Generally Be Supported?

Do you have actual evidence of work for the company.

What kind of evidence is it referring to?

It can prove that you actually work for the company.

And the company pays you for your services.

There are all, including bank salary transfer records, social security certificates, as well as work groups and car delivery details.

That would prove that it would generally be supported.

Excuse me, under what circumstances is labor arbitration not supported?

Workers are senior managers who enjoy the authority of labor and personnel management.

Are you a senior executive of the company?

There are two other cases that are not supported, please reply to me.