Questions about resignation, health insurance and contracts Urgent!

First, the probationary period of 9 months is illegal, and the labor law stipulates that if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

Second, the Labor Law stipulates that if an employer fails to sign a labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary as compensation. After one year has elapsed since the employment contract has been signed, it will be deemed that "an indefinite employment contract has been concluded between the employer and the employee".

Third, you definitely don't have to pay liquidated damages.

One: Your company has the following violations:

1. The state stipulates that the probationary period is up to 6 months.

2. The Labor Contract should be signed in the second month after the establishment of the labor relationship.

2. Your rights and interests.

1. Double wages from the second month for those who have not signed a labor contract.

2. Enjoy the treatment and rights of regular employees.

Three: the solution to your problem.

1. Negotiation: One of the arguments is that since it is during the probation period, the employee can terminate the labor relationship if he or she gives 3 days' notice. The second argument is that if you are counted as a regular employee, you must give one month's written notice in advance, but because the company has not signed a contract, if you are not asked to resign, you will have to go to arbitration to demand double wages, and the employer will let you resign after weighing the benefits.

2. Whistleblowing or arbitration: Terminate the labor relationship on the grounds that the employer has violated the provisions of the Labor Contract Law and require the employer to pay economic compensation, collect relevant evidence that can prove the labor relationship, and as long as the evidence is sufficient, it will be supported by the arbitral tribunal.

Four: Answers to your questions.

1. The employer has no right to let you pay liquidated damages, unless there is a training agreement and a non-compete agreement.

2. You first negotiate with the employer, explain your position and the relevant information you understand, and force the employer to compromise.

3. If the negotiation fails, you go to report or apply for arbitration, and now the arbitration is free of charge, and the case is generally concluded within 45 days.

The probationary period is within the term of the contract, if the contract period is two years, the probationary period is one month, five years is three months, the probationary period cannot exceed half a year at most, your probationary period reaches nine months to exceed the scope of the probationary period, you have medical insurance, indicating that you participate in social insurance, and participating in social insurance means that you have signed a formal labor contract with the same unit, and the formal employment and probationary period are only reflected in the contract, not in the need to sign a new labor contract, if you want to resign, You only need to give a written notice to the employer for one month, and you don't need to pay liquidated damages.

Legal Analysis: Basic medical insurance** is composed of co-ordination ** and individual accounts. The basic medical insurance premiums paid by individual employees are all included in the basic medical insurance premiums paid by the individual account of the Mingna personal account and are divided into two parts, one part is transferred to the personal account, and the other part is used to establish the overall plan.

1. Immediately after the resignation, a new unit will take over, and all the medical insurance relations can be transferred to the new unit, which will be handled by the personnel management department of the new unit.

2. If there is no new unit to work after resignation, you can first store the files in a place where you can host the files in the talent market, and generally speaking, as long as the labor relationship with the original unit is terminated, you can host the files. In this case, the medical insurance has to be paid by the individual once a year.

Legal basis: Labor Contract Law of the People's Republic of China Article 52 A self-employed person who has terminated the labor relationship by the employer may go through the registration procedures for the self-employed person to participate in the insurance from the second month after the termination of the labor relationship, and once he is re-employed, he or she will be changed to the employer to participate in the insurance. If you do not go through the self-renewal procedures in time and do not make up the payment until the new unit, the medical insurance premium during the interruption period should be made up at the time of renewal.

During the interruption period, the expenses to be paid by the unit shall be paid by the unit, and the employee only needs to hand over the supplementary payment to the unit.

After the employee resigns from the employer, it means that the labor agreement with the original employer has been terminated, and the employer should go to the social security agency to go through the procedures for the employee to suspend the insurance. When an employee arrives at a new employer, the new employer will renew the social security premiums for him/her. If there is a break between the suspension of the insurance and the renewal of the new unit, the insured person can choose to make the supplementary payment by himself or not, and the previous payment period can be accumulated.

If you have not found a job for the time being and want to continue to enjoy medical insurance benefits, you can renew the medical insurance premiums by yourself. The insured person can go to the social security bureau to go through the renewal procedures with his or her ID card, medical insurance book and medical insurance card, and turn it into a flexible employment person. After that, the insured can go to the designated bank outlets in the city to handle the payment business.

Transfer to a new unit is sufficient, but pay attention to the continuity of time.

If you don't have a job in the new unit, you can first store the files in a place where the files can be hosted by the labor bureau or the social insurance office.

Generally speaking, as long as the labor relationship with the original employer is terminated, the file can be managed. In this case, the medical insurance has to be paid by the individual once a year.

Social insurance is a social and economic system that provides income or compensation to people who are incapacitated, temporarily unemployed, or have lost their jobs due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance.

The social insurance plan is organized by **, and a certain group is forced to use a part of its income as a social insurance tax (fee) to form social insurance**, what are the conditions when certain conditions are met? It is a redistribution system whose goal is to ensure the reproduction of material and labor and social stability.

Therefore, in order to avoid problems when enjoying insurance and other benefits in the future, it is recommended to plan your work well and do not change your job frequently. In the long run, it is recommended that employees pay individually even after they resign.

Social Insurance Law of the People's Republic of China

Article 23.

Employees shall participate in the basic medical insurance for employees, and the employer and the employee shall jointly pay the basic medical insurance premiums in accordance with the provisions of the state. Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees in the employer, and other flexibly employed persons may participate in the basic medical insurance for employees, and the individual shall pay the basic medical insurance premiums in accordance with the provisions of the state.