In the face of dismissal, should the employer make up for the insurance and overtime pay that was no

If the employer refuses to make the payment, then you can file an arbitration with the local labor arbitration commission and request the employer to pay the social insurance and overtime pay and pay compensation.

According to the provisions of the Labor Law, the employer shall give one month's notice to dismiss an employee, and shall pay compensation, the specific amount of which is one month's salary if you have worked for one year, and if you have worked for 6 years, the employer shall pay 6 months' salary as compensation. In addition, if the employer pays overtime pay, it shall pay 25% of the overtime pay as compensation in addition to the full payment. At the same time, it stipulates that the employer is obliged to pay social insurance for employees, so you have the right to ask the employer to pay supplementary insurance.

The foregoing is your legal basis for arbitration. If you have any other questions, please add additional questions, the specific regulations are as follows:

Measures for Economic Compensation for Violation and Termination of Labor Contract:

Article 3 Where an employer deducts or defaults on the wages of a worker without reason, or refuses to pay the worker an extension.

In the case of wages and remuneration for working hours, in addition to the full payment of wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

Article 5 Where the labor contract is terminated by the employer upon the consensus of the parties to the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the labor contract, 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.

Article 10 Where an employer fails to give economic compensation to an employee in accordance with regulations after terminating the labor contract, the full amount shall be excepted.

In addition to the severance payment, an additional severance payment of 50 per cent of the amount of the severance payment shall be paid.

Provisions of the Labor Code.

Article 72.

Social insurance** determines the funds according to the type of insurance**, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

China's labor and social security law stipulates that if the company wants to dismiss an employee, or if the employee is ready to leave, it must notify the other party one month in advance, otherwise, it can claim the next month's salary as a claim. If you don't sign a labor contract, don't be afraid, because at this time, you already have the fact of labor, and it is the company's fault that you didn't sign the contract, you can go to the local labor bureau to report the company, as far as I know, for the company that has not signed a labor contract, the labor and social security department will impose a fine of 500 yuan per employee on the company. So no matter what, it's good for the employees.

If you are still unclear, it is recommended that you go to the Beijing Labor Network to find out. There are inquiries there**. Good luck!

It is not illegal, in short, the company has fulfilled the obligation of the committee to deliver the insurance.

Article 47 The economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Overtime wages were paid at 150% of the normal wages in the case, 200% on weekends and 300% on statutory holidays.

Good luck!

Article 1 of the General Office of the Ministry of Labor on Issues Concerning Disputes between Employees and Enterprises Due to Position Change (Lao Ban Fa No. 1996 No. 100) stipulates that in accordance with the spirit of Articles 17, 26 and 31 of the Labor Law, if the original labor contract cannot be performed due to a major change in the objective circumstances on which the labor contract was concluded, the original labor contract cannot be performed and the labor contract is changed, the parties must reach a consensus through consultation, and if no agreement is reached, the labor contract may be terminated in accordance with legal procedures;

Article 8 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor (No. 1994 481) stipulates that if there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through negotiation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer.

If the employer terminates the labor relationship with you (or dismisses you) in the following three situations, which situation should you pay severance or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, if you have not been notified 1 month in advance, you can also claim payment in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if you terminate the labor contract.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law, we have relevant laws and regulations in the field of labor law.