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1. If the company wants you to leave immediately, he will pay you one month's salary plus economic compensation.
2. If you continue to work and sign a contract, you can calculate double wages for the period when the contract is not signed from January 1, 08 in accordance with the provisions of the new labor contract law. But I personally advise that if you want to maintain a good relationship with the company, don't mention this, and it is necessary to talk about it when you want to leave in the future.
3. In your case, if there is no mistake, the company cannot fire you immediately. Unless the company is laying off employees for economic reasons.
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You can sue the company now and ask for double wages and compensation, and by 09 you won't have so much, I have had such a lawsuit and won.
I am not a lawyer, but I am proficient in labor law, and I can charge after winning, and if I don't win, I won't be charged.
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1. You can claim liquidated damages and economic compensation.
2. No, you don't.
3. If you want to add to the crime, there is no excuse, it is reasonable, even if you do not make any mistakes, the company can still terminate the labor contract, but it should pay liquidated damages and economic compensation.
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1. You can ask for financial compensation.
2. Yes.
3. The company must terminate the labor legality for statutory reasons, otherwise it needs economic compensation.
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Although our Labour Law has a chapter on Social Insurance and Welfare, it seems that the Social Insurance Act is an integral part of the Labour Code. This is related to the fact that the "Labor Law" was enacted relatively early, and the research on the relevant laws was not mature enough at that time. Labor laws do not cover social insurance laws.
Labour law and social insurance law should be laws on an equal footing and without subordination. Specifically, there are the following main differences between labor law and social insurance law:
1) The labor law is mainly adjusted to the relationship between the employer and the employee; The Social Insurance Law mainly regulates the relationship between the employer and the worker and the first three aspects.
2) The adjustment object of the Social Insurance Law is greater than that of "workers" in the Labor Law. The labor law protects the legitimate rights and interests of "workers". The Social Insurance Law should be inclusive of the whole people, including not only "laborers" but also the so-called "employers" in the labor law, such as the chairman of the board of directors of the enterprise, the partners of the partnership, and the capital contribution of the sole proprietorship. And it should also include civil servants.
Therefore, the social insurance law is more subject to adjustment than the labor law.
1. Is the company's social insurance system necessarily effective?
1. The company's social insurance system may not be effective, specifically, if the content of the system violates the "Social Insurance Law", "Labor Law", and.
After the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums and other laws, the system will be partially or even completely invalid.
2. Social insurance.
It is an important part of the social security system, and it occupies a core position in the entire social security system. In addition, social insurance is a kind of contributory social security, and the funds are mainly paid by the employer and the worker himself, and the government will subsidize and bear the ultimate responsibility. However, only if the worker fulfills the statutory payment obligation and meets the legal conditions, can he enjoy the corresponding social insurance benefits.
2. Is there any compensation for not paying social security during the probation period?
According to Article 72 of the Labor Law and Article 58 of the Social Insurance Law, an employer shall apply to the social insurance agency for social insurance registration within 30 days from the date of employment and pay social insurance premiums from the date of employment. If the employer fails to pay social insurance premiums to the employee in accordance with the law during the probationary period, the employee may file a complaint with the labor inspection department against the employer and request the employer to make up the social insurance.
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Legal analysis: According to the relevant provisions of China's labor law, employers must pay social insurance for employees, and the social insurance system is stipulated in the labor law, and the social insurance law was later promulgated, which shows that there is a certain connection between the social insurance law and the law of Lao Kai Danji.
Legal basis: Social Insurance Law of the People's Republic of China
Article 4 Employers and individuals within the territory of the People's Republic of China shall pay social insurance premiums in accordance with the law, and shall have the right to inquire into the payment records and personal rights and interests records, and request the social insurance agencies to provide social insurance consultation 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.
Article 5: The people at or above the county level shall include social insurance undertakings in their national economic and social development plans.
The state raises social insurance funds through multiple channels. The people at or above the county level shall give necessary financial support to the social insurance undertakings.
The state supports social insurance through preferential tax policies.
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Summary. Dear, I am glad to answer for you, the Labor Social Insurance Law is that employers and workers should 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, present the business license, registration certificate or seal of the employer.
The Labor Social Insurance Law is that employers and workers should participate in social insurance in accordance with the law, including basic pension insurance, basic medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance. The employer shall, within 30 days from the date of establishment, present the business license, registration certificate or seal of the employer.
Insurance is a commercial insurance behavior in which the policyholder pays the insurance premium to the insurer according to the contract, and the insurer bears the responsibility of compensating for the property loss caused by the possible accident as agreed in the contract, or assumes the responsibility of paying the insurance premium when the insured dies, is disabled, has remorseful illness, or reaches the age and time limit agreed in the contract.
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E-Law answers:
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According to Article 50 of the Labor Contract Law, when the employer terminates the labor contract, it shall issue a written certificate of dissolution or termination of the labor contract, if not, the labor relationship between you and the company has not been legally terminated, therefore, if you are still in the term of the labor contract, then, in May 2010, the company should treat you as providing normal labor and pay you full wages, and then until the end of the contract period, you should pay 80% of the local minimum wage standard for living expenses. At the end of the contract period, if the company does not renew the labor contract with you, you can ask for corresponding economic compensation. At the same time, you can also ask the company to pay social insurance premiums for you according to the law.