The company didn t buy insurance for me, and asked me to write a waiver of insurance, and if I was i

Updated on society 2024-05-03
10 answers
  1. Anonymous users2024-02-08

    Hello! In the case you described, there is a risk to the company. Social security is a mandatory national benefit that must be given to employees, even if employees sign a waiver of paying social security, it is invalid.

    Therefore, at present, if you do not purchase social security, it is illegal for the enterprise to make up the law, and you can ask the enterprise to make up the payment, and then all the medical expenses for the work-related injury will be borne by the enterprise. If the enterprise is not responsible, you need to deal with the labor dispute first, first deal with the employment relationship between you and the enterprise and the part of the enterprise that has not paid social insurance, and then deal with your work-related injury.

  2. Anonymous users2024-02-07

    Hello, first of all, social security is mandatory for enterprises to pay social security stipulated by the state, and cannot refuse to pay for various reasons. In addition, the work-related injury is that the enterprise must reimburse all medical expenses, and also bear the full salary during the lost work period, if there is any problem, you can complain to the labor arbitration department! Hope mine is helpful to you, hope.

  3. Anonymous users2024-02-06

    Insurance is a must for every worker, life is inevitable bumps, can not give up insurance, who is responsible for the work-related injury, although the company can compensate but it takes a lot of twists and turns. Looking for him to make up for social security, the personal waiver has no legal effect, the company must pay insurance to the employee, if you don't buy it, go directly to the local labor bureau to apply for arbitration.

  4. Anonymous users2024-02-05

    The company should pay you insurance. If he asks you to give up the opportunity to pay insurance, he is breaking the law. You can go and complain about him. If you give up the insurance, you won't get a penny of compensation for a work-related injury.

  5. Anonymous users2024-02-04

    If the employer doesn't give you insurance, how can you get the insurance company to compensate you for work-related injury insurance? Only employers that have insured individuals can be compensated in the event of a work-related injury. Your employer has violated the labor law by not paying insurance, and you must not write a document agreeing to give up insurance.

  6. Anonymous users2024-02-03

    It is written that the waiver of insurance is not effective, but it is still necessary to double the compensation.

  7. Anonymous users2024-02-02

    Legal Analysis: Written proof of voluntary waiver of social security contributions is invalid. It is the legal obligation of the employer to handle social insurance for employees, which is mandatory for the state, and neither the employer nor the employee can change the right and obligation of the disposition at will, and the employee voluntarily signs an agreement with the employer to give up participating in social insurance, which is itself a violation of the law and is invalid, since it is an invalid agreement, it is not legally binding on both the employee and the employer, and the company still has to bear the obligation to pay social security for the employee.

    Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Engaging in work-related preparatory sail or finishing work in the workplace before or after working hours and being injured by a hail accident; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  8. Anonymous users2024-02-01

    Analysis of the lead law of the law: the written proof of voluntary waiver of social security payment is invalid. It is the legal obligation of the employer to handle social security for employees, which is mandatory for the state, and neither the employer nor the employee can change the right and obligation of the punishment at will, and the employee voluntarily signs an agreement to waive participation in social security with the employer itself is in violation of the law and is invalid, since it is an invalid agreement, it is not legally binding on both the employee and the employer, and the company still has to bear the obligation to pay social security for the employee.

    Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while doing a lot of work in the workplace before or after working hours, or engaging in work-related preparatory or finishing work; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  9. Anonymous users2024-01-31

    If a work-related injury occurs after the employee voluntarily gives up the social insurance, the employer shall compensate the employee, and the employer shall pay the employee in accordance with the prescribed work-related injury insurance benefits; However, if the employer pays the work-related injury insurance and late payment penalty in time, the new expenses shall be jointly paid by the unit and the work-related injury insurance**.

    1. Who should compensate for work-related injuries during the probation period?

    According to the Regulations of the People's Republic of China on Work-related Injury Insurance, if a worker suffers a work-related injury during the probationary period, the work-related injury insurance shall pay compensation if the employer has purchased work-related injury insurance, and if not, the employer shall pay compensation. Article 62 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 62 If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a 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, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

    After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

    Second, why did the work-related injury insurance in the social security not be paid?

    If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and if it fails to pay a late fee of 5/10,000 per day from the date of non-payment, it shall be fined not less than 1 time but not more than 3 times the amount of the arrears. If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

    3. Can I regret the work-related injury agreement?

    In a specific case, if there is no fraud, coercion, or taking advantage of the danger of others when the two parties sign the work-related injury compensation agreement, it should be valid, and as an employee, in line with the principle of good faith, there should be no repentance.

    If the employer signs a work-related injury compensation agreement with the employee on the grounds that it is clearly lower than the statutory compensation standard, the employee may initiate labor arbitration proceedings and reclaim the work-related injury compensation based on the principle of obvious unfairness.

    According to the second paragraph of Article 62 of the Regulations on Work-related Injury Insurance, if an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. This clause should be a mandatory provision for employers, and after an employee has a work-related accident, the employer shall grant the employee work-related injury insurance benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance, and pay the relevant expenses to the employee in accordance with the standard of work-related injury insurance.

  10. Anonymous users2024-01-30

    Summary. Hello, in this case, it is in arrears, then it is in a state of arrears, in order to handle the transfer out or continue to pay, transfer procedures, need to be paid in the name of the unit, can only go through the special processing process of the local social security bureau, can be transferred in the future, or the state of suspension of payment, then this situation is more tricky. If the enterprise has not gone through the procedures for stopping payment before going out of business.

    Before the company goes bankrupt and liquidates, it needs to go to the local social security bureau to go through the procedures for stopping payment according to the regulations, and the social security of the employees needs to confirm the social security status of the employees first.

    The work-related injury insurance purchased by the original company was not suspended and was dismissed by the new unit.

    Hello, in this case, it is in arrears, then it is in a state of arrears, in order to handle the transfer out or continue to pay, transfer procedures, need to be handled in the name of the unit to make up the payment, can only go through the local social security bureau in the balance of the special processing process, can be handled in the future to transfer the balance to do the transfer, or the state of suspension of payment, then this situation is more tricky. If the enterprise has not gone through the procedures for stopping payment before going out of business. Before the company goes bankrupt and liquidates, it needs to go to the local social security bureau to go through the procedures for suspension of payment according to the regulations, and the social security status of the employees needs to be confirmed first.

    1. Endowment insurance has a personal account, the ID number is the account number, and there can be three ways to deal with it after resignation: First, stop paying fees, form a payment period interruption, and stop the accumulation of personal accounts, but as long as the time is not long, it will have little impact on the future; The second is to pay the full amount by the individual, that is, to pay the past together with the part paid by the enterprise without interrupting the payment, but it is not cost-effective for the individual to bear a heavier burden; Third, if you go to other places to seek employment, you can go through the insurance transfer procedures and go to a new employment area. No matter which method of carrying the orange code, you can find a new employer and continue to pay according to the original account, and you don't need to make up for it, but you can't argue which one to return.

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