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Dismissal, according to the labor law, should be paid an extra month's salary.
If the company does not comply with the regulations and does not give it to you, you can only go to the labor bureau, but it is of little use, my friend will be dismissed by the company and given half a month's salary.
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It depends on whether the fighting behavior seriously violates the rules and regulations of the employer, and if it is violated, the employer can terminate the labor contract at any time without compensation.
If the employer fails to purchase social insurance for the employee, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall 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, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
Labor Contract Law of the People's Republic of China
Article 39 The employer unilaterally terminates the labor contract (negligent dismissal).
The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Social Insurance Law of the People's Republic of China
Article 86.
If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the amount within a time limit, 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, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
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Summary. I am happy to answer for you, dear, you can go to the employer to ask for compensation. If the resignation is based on the company's failure to pay social security and other five insurances, the employer must also pay one month's salary for each year of service in accordance with the provisions of relevant laws. The employee can negotiate with the company first, but if the negotiation fails, he can apply for labor arbitration and ask the employer to pay the insurance and compensate him.
I worked for the company for a year, and the company fired me for fighting, but the company didn't buy insurance for me, can I claim compensation?
I am happy to answer for you, dear, you can go to the employer to ask for compensation. If the resignation is based on the company's failure to pay social security and other five insurances, the employer must also pay one month's salary for each year of service in accordance with the provisions of the relevant laws. If the negotiation fails, the employee can apply for labor arbitration, and the employer can pay the insurance and compensate the employer.
Article 70 of the Labor Law of the People's Republic of China stipulates that the State shall develop social insurance, establish a social insurance system, and establish social insurance, so that workers can receive help and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc. Article 72 Social insurance** shall determine the funds according to the type of insurance for bridges and hail bridges, and gradually implement social pooling.
Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.
One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
I didn't sign a labor contract either.
You can also claim compensation.
What a compensation.
It shall be determined according to the social insurance premiums that the employer should have borne and paid.
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Yes, because social security is statutory and the state stipulates that it is paid. The employer shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within 15 days from the date of receipt of the application, examine and issue a social insurance registration certificate.
Severance shall be paid to the worker according to the number of years of service in the employer 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. The specific standard cover empty limbs are as follows:
1. Calculation standard of the number of years: according to the number of years of service of the worker in the unit, the standard of one month's salary for each full year, and if the employee has worked for more than six months but less than one year, it will be calculated as one year; If it is less than six months, economic compensation of half a month's salary shall be paid.
2. There is no longer a limit to the compensation period (12 years).
3. Wage calculation base: refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract. The wages here refer to the wages due to the workers, which generally include:
Hourly wages, piece-rate wages, bonuses, allowances and allowances, overtime pay, wages paid in exceptional circumstances.
1. How much is the economic compensation for the dismissed employee?
When the company dismisses an employee, the employee may request the company to pay him or her severance payment, and the specific compensation standard is: the severance compensation shall be based on the actual number of years the employee has worked in the unit, and the employee shall be paid one month's salary for each full year; If the employee has worked for more than six months but less than one year, it will be counted as one year; If the employee has worked for less than six months, the worker shall be paid half a month's salary. The monthly salary is calculated as follows:
The average wages payable to the employee in the 12 months prior to the dissolution or termination of the employment relationship.
In addition, if an employer dismisses an employee without cause, it is illegal to terminate the labor contract, and it is required to pay twice the compensation to the employee, and the employee shall be paid two months' salary for each full year of service according to the employee's actual working years in the employer. If the employee has worked for more than six months but less than one year, it will be counted as one year; If the employee has worked for less than six months, he or she shall be compensated with one month's salary.
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Employees who are dismissed for not paying social security can be compensated. It is the employer's obligation to pay social insurance for the employee, and if the employer fails to pay the social insurance premiums for the employee in accordance with the law, and the employee is unable to enjoy the social insurance benefits and suffers losses, the employee can request the employer to compensate for this part of the loss.
1. What compensation is there for voluntary resignation without paying social security?
There is compensation for voluntary resignation without paying social security.
Failure to pay social security is the fault of the employer, which does not require evidence, and can claim for retroactive social insurance, as well as economic compensation and compensation, including double wages for not signing the contract. If the negotiation fails, apply for arbitration.
Social insurance is one of the most important components of the social security system. Therefore, when discussing the history of social insurance, social insurance cannot be taken out of social security.
Social insurance refers to the system in which the state compulsorily establishes social insurance through legislation to provide necessary material assistance to workers participating in labor relations when they lose their ability to work or become unemployed. Social insurance is not for profit.
Social insurance is mainly through the raising of social insurance, and within a certain range of social insurance ** to implement the overall adjustment to workers when they encounter labor risks to give necessary help, social insurance to workers to provide basic living security, as long as the worker meets the conditions for enjoying social insurance, that is, or with the employer to establish a labor relationship, or has paid various social insurance premiums in accordance with the regulations, you can enjoy social insurance Ye Liangsong treatment. Social insurance is the core content of the social security system.
2. How to compensate employees for not paying pension insurance?
If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract and the employer shall pay economic compensation to the employee. One month's salary is paid to the worker at the end of one year. where it is more than six months but less than one year, it is calculated as one year; If the employee is less than six months old, the employee may report to the labor inspection at any time and request the employer to pay the severance compensation, and the result is often that the employee shall make up the payment within a time limit.
3. Is there any compensation for dismissal without paying social security?
You can bond things. Employees who are dismissed for not paying social security can be compensated because social security is statutory and the state stipulates that they should be paid. According to the laws of the People's Republic of China, it is the obligation of the employer to pay social insurance for the employee, and if the employer fails to pay the social insurance premium for the employee in accordance with the law, and the employee is unable to enjoy the social insurance benefits and suffers losses, the employee may claim compensation from the employer.
Article 58 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay. Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.
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The company's failure to pay the insurance in full violated Article 72 of the Labor Law and Article 17, Paragraph 7 of the Labor Contract Law, and infringed on the legitimate rights and interests of employees, and should be paid back.
If an employee is dismissed and suspected of illegally terminating the labor contract, he or she shall be suspected of paying twice the compensation stipulated in Article 87 of the Labor Contract Law. That is, two months' wages for one year of work, and one month's salary for less than six months.
It is a labor dispute and can be resolved by applying for labor arbitration.
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There is no compensation for this, as long as you make up the payment, what kind of resignation compensation, as long as it is not your company's dismissal, there is no subsidy.
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