The company dismissed the employee, did not have social insurance, and the boss beat the employee 20

1. If you want a contract, you can find the local labor inspection brigade;

2. If your signature on the contract is genuine, then it is valid in principle;

3. If the contract is to be confirmed to be invalid, it must go through judicial procedures, that is, labor arbitration; to the local labor arbitration board;

4. As long as you have evidence to prove the existence of labor relations (work permit, salary slip, employment certificate, worker's testimony, etc.), even if there is no contract, you can ask for social security and apply to the local labor arbitration commission;

5. If the deduction of wages and bonuses is illegal, you can find the labor inspection brigade to solve it, and if not, you can also apply for labor arbitration;

6. If the injury is serious and is a minor injury in the sense of the criminal law, you can report the case, or you can directly go to the court to file a criminal lawsuit, and if it does not constitute a crime, you should go to the court to file a civil lawsuit.

7. To add, your situation should fall within the scope of legal aid, and it is recommended that you first go to the legal aid center under the local judicial bureau to apply for legal aid, and a lawyer can be assigned to you free of charge.

Labor and Social Security Bureau! Specialized in resolving labor disputes.

However, there are many people and troubles to solve quickly!

Angry, there is such a boss, are you in one, the previous black factory is like that, there is no humanity, such a situation, I think it is good to eat an inch long and a wisdom, and now the public officials of some ministries are not all raised like this, it's too dark.

It is estimated that your labor contract will not be able to be taken back, and the labor contract should have been signed within one month of employment, but then you signed it again, in black and white, what the company wants to say, do you remember when your labor contract was signed?

Social security has nothing to do with the labor contract, you can directly claim compensation, you can directly go to the local labor arbitration department to appeal, such labor arbitration cases, the arbitration department is generally biased towards the employee.

The company does not have the right to withhold wages, and this is also under the jurisdiction of the arbitration department.

I don't know much about the boss's beating, and all I can think of is the police station.

According to the relevant provisions of the Labor Law, the employer must sign a labor contract with the employee and purchase insurance, so the purchase of social insurance is a must, which is a compulsory insurance, so you can negotiate with the employer to settle the problem, and if there is no result, apply for labor arbitration or report and complain to the local labor and social security department, which can be effectively resolved. The evidence is to prove that there is an employment relationship with the employer, such as pay slips, work cards, etc. According to Article 84 of the Social Insurance Law, 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.

The Minutes of the Work Conference on the Implementation of the Social Insurance Law also make it clear that if the administrative department of human resources and social security receives a report or complaint that an employer does not participate in social insurance in accordance with the law, it shall promptly handle it in accordance with the provisions of Articles 82 and 84 of the Social Insurance Law and Article 27 of the Regulations on the Supervision of Labor and Social Security. Therefore, any complaint that the employer does not register its employees for insurance shall be handled by the administrative department of human resources and social security in accordance with the law.

If you go directly to the labor inspection brigade where the labor relationship is established to file a complaint, you can ask for failure to pay it on time.

Social security compensation and economic compensation for dismissal of employees without cause, the general labor inspection brigade will ask you to provide your bank card salary payment records, you must first think about what your claims are, under normal circumstances, the employer should provide evidence of labor disputes, attendance records, company rules and regulations and other evidence, so you should also see if you have violated the company's rules and regulations, do not be passive when the evidence is presented, of course, if the two parties can negotiate, labor arbitration will still let you negotiate on your own first, Hope it helps.

Method of compensation:

1. Make up the social security during the period of labor relations.

2. Pay one month's economic compensation for every full year. The number of years of service is calculated as one month's average monthly salary for one year, half a month for less than half a year, and one month for more than half a year and less than one year.

3. If you resign without 30 days' notice, you will be given one month's salary as notice in lieu of notice, and the standard is the salary due from the previous month.

The Labor Contract Law of the People's Republic of China stipulates:

Article 38 An employee may terminate a labor contract under any of the following circumstances:

Failure to pay social insurance premiums for workers in accordance with the law;

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1. The worker is sick or injured not due to work, and cannot engage in the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

3. There is a major change in the objective circumstances on which the labor contract is based, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

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.

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.

Summary. If you work normally in the company and the company has not purchased social security, you can apply for labor arbitration or file a complaint through the Social Security Bureau to request the company to make up the social security payment. If you are dismissed without cause, you can apply for labor arbitration and claim compensation from the company.

What should I do if the company does not buy social security and dismisses the employee halfway?

If you work normally in the company and the company has not purchased the social security, you can apply for labor arbitration or file a complaint through the Social Security Bureau to request the company to make up the social security payment. If you are dismissed without cause, you can apply for labor arbitration and claim compensation from the company.

For example, if the performance is not up to standard, how much will be compensated if you are dismissed?

Generally, it is the average monthly salary payable in the past year multiplied by the length of service + the average salary payable in one month.

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During the working period, the unit will buy social security for the employee, and after the employee is dismissed, the social security will not be paid for the time being.

Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

The payment of social security is stipulated by national laws, and cannot be transferred by the will of both parties, and the company must be forced to pay social security for employees. In this case, the company is not responsible for the dismissal because the employee violated the company's management system. The fact that employees do not pay social security does not mean that the enterprise can be exempted from its statutory payment obligations, but will make the enterprise bear greater legal risks

1. If an employee resigns on this ground, the company shall compensate him for economic compensation and shall still pay social insurance for the employee.

2. After an employee suffers a work-related injury, the company needs to bear his work-related injury insurance benefits and pay for his medical expenses, food subsidies and other expenses during hospitalization; If there is a disability level, a disability allowance must also be paid, and the cost is often hundreds of thousands of yuan.

3. The medical expenses incurred during childbirth and miscarriage of female employees and the allowance during maternity leave shall be paid by the enterprise.

4. If the failure to pay social insurance is found by the relevant labor administrative department, the enterprise must also bear the administrative penalty.

Therefore, in order to avoid risks, many enterprises encounter the situation that employees are unwilling to pay social insurance, and generally require them to sign a letter of commitment with their employees, the content of which is probably because the employees agree or take the initiative to ask the enterprise not to pay social security for them, and they shall not have disputes with the enterprise because the enterprise does not pay social security in the future, and all the consequences shall be borne by themselves.

2. What should I do if the company does not buy social security for employees?

The employer has committed the illegal act of not paying social insurance and deducting the employee's salary. A complaint shall be filed with the labor inspection department, which shall order it to make corrections and refund the deducted wages; If an employee resigns because the employer does not pay social insurance or deducts wages, the employer must also pay severance payments. If the company does not buy social insurance or otherwise evades the responsibility of purchasing social insurance for employees, the employee can file a complaint with the labor and social security supervision department and request the company to pay back social insurance premiums.

Regardless of whether an employee chooses to defend their rights in the form of arbitration, complaints, or final litigation, the most important thing is to collect sufficient evidence, and if it is not possible to determine what can be used as evidence, it is recommended to find a lawyer specializing in labor law to obtain sufficient evidence.