Increase the workload, increase the number of posts, miss the payment of insurance, resign, and comp

1. It is a breach of contract for the company to arbitrarily adjust the job position and increase the workload, of course, the premise is that the labor contract has been signed, if it is not signed, it is an illegal act.

2. Extending working hours without overtime pay violates the basic requirements of the Labor Law and should be investigated, but it is difficult to provide evidence for the situation you described, and you can pay attention to collecting some relevant evidence.

3. The five insurances are the basic insurance prescribed by the state, and the enterprise must be established from the date of employment, and the missing part should require the company to make up in full, one is to make up for the missing part before 04 years, and the other is to make up for the insufficient part according to the provisions (the payment is calculated based on the average salary of the employee himself in the previous year).

4. If you want to resign, the reason is very important, such as not signing the labor contract, not paying the national statutory social security on time and in full, etc. In addition, it is also recommended that you refer to Article 38 of the Labor Contract Law and Article 28 of the Regulations for the Implementation of the Labor Contract Law to find a reason for resignation.

5. If you resign for any of the above reasons, you can claim about 9 months' salary in accordance with the provisions of Articles 38, 46 and 47 of the Labor Contract Law (the exact amount can only be calculated according to your specific working hours in the company).

6. If the company does not sign a labor contract, it can also claim compensation in accordance with Article 82 of the Labor Contract Law. (Double salary from February 08 to the present).

7. The country also has strict regulations on the calculation of overtime wages, and the detailed basis will not be pasted for you, but a simple calculation method for you:

Overtime pay for extended working hours per day: (8 hours of actual working hours) 150% of hourly wage

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly wage income (8 hours of paid days per month).

Monthly payroll days (365 days-104 days) 12 days.

According to the above method, the overtime wages payable by the company are accurately calculated and required to be paid by the company.

8. The above requirements, usually the company will not recognize, let alone give you easily, so to claim your legitimate rights and interests, to get your legitimate labor income, you must go to the labor arbitration department to apply for arbitration (no fee), through the award issued by labor arbitration, to the company for compensation, if the company does not pay, you can apply to the court for enforcement.

9. According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for presenting evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.

You won't get anything if you quit your job, but the insurance should be paid for you.

Where you suffer is that you don't sign the same.

There is the first 10 months' salary, which is one month's termination compensation for one year of work, and 11 months' salary if there is no labor contract, which adds up to 21 months' salary.

How big is your factory? Have you paid the five insurances? If you pay the unemployment benefit, if you resign, you will lose a little, if you dismiss the employees, do you get less? Basically, the factory and the company will compensate.

The boss is changing direction and wants you to go on your own. This way you don't have to pay compensation.

If you don't go by yourself, the boss will fire you 100%.

Take the initiative! There is no such thing as compensation in law!

If they cannot apply for insurance without insurance, unemployed persons who meet the following conditions can receive unemployment insurance money: 1. Interrupt employment within the legal working age without their own will; 2. Have a permanent urban residence in the city; 3. Pay unemployment insurance premiums in accordance with regulations during employment; 4. Pay unemployment insurance premiums for one year before dissolving or terminating labor or work relations; 5. In accordance with the provisions of these measures, go through the unemployment registration procedures and unemployment insurance application procedures, and have job search requirements.

The period for receiving unemployment insurance money shall be determined on the basis of the number of years of unemployment insurance premiums accumulated before unemployment (deducting the period of payment for unemployment insurance premiums that has been verified). If the payment period is 1 year but less than 2 years, the period for receiving unemployment insurance money is 2 months, and for each additional year of payment in the future, the period is increased by 2 months, and so on, but the maximum period for receiving unemployment insurance money at one time shall not exceed 24 months.

According to the regulations, it is generally 40% of the average salary of the 12 months before the unemployment of one's own salary, and the maximum cannot exceed the local average social wage, and the minimum cannot be lower than the times of the local minimum security standard.

Request for retroactive submission, resignation without compensation.

The employee may be forced to resign on the grounds that the employer has not paid social insurance in full, and may request the employer to pay him or her severance payment.

Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

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.

You can ask your employer to pay back the insurance, or give you financial compensation. required by law.

If the employer refuses, it can file for labor arbitration.

If the company fails to pay social insurance and proposes to terminate the labor contract, it has the right to request the company to pay economic compensation.

After signing the labor contract with the employee, the employer shall fully perform the labor contract. At present, the company has not paid social insurance for employees in accordance with the labor contract. If the employee still fails to pay social insurance for the employee after repeated reminders, it has seriously infringed on the legitimate rights and interests of the employee.

According to Article 38 of the Labor Contract Law, "an employee may terminate a labor contract under any of the following circumstances: (3) failing to pay social insurance premiums for the employee in accordance with the law; ”

Article 46 stipulates: "If a worker terminates a labor contract due to Article 38, the employer shall pay economic compensation to the worker. ”

Therefore, after the company terminates the labor contract due to the company's failure to pay social insurance, it has the right to request the company to pay economic compensation.

If the enterprise does not pay social insurance, can the employee claim economic compensation from the employer through voluntary resignation?

If the company fails to pay social insurance on time, it cannot claim compensation if it resigns voluntarily, but it can ask the unit to make up the payment.

The Administrative Provisions on the Declaration and Payment of Social Insurance Premiums require that an employer shall apply for social insurance registration and declare and pay social insurance premiums for its employees within 30 days from the date of employment. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

The term "social insurance premiums" mentioned in the regulations refers to the basic pension insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by the employer and its employees in accordance with the law.

According to the provisions, the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis, and report it to the employee congress of the unit every year or publish the annual social insurance premium payment status in a conspicuous position at the residence of the employer, and accept the supervision of the employees. The details of the payment and the changes declared by the employer on behalf of the employee shall be signed and approved by the employee himself, and shall be retained by the employer for future reference.

In view of the fact that some employers fail to pay social insurance premiums on time and in full, the provisions make it clear that the social insurance agency shall order them to pay or make up the amount within a time limit, and impose a daily late payment penalty from the date of non-payment; If the payment is still not made within the time limit, the social insurance administrative department shall impose a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment.

Only the omission caused by the unit can be made up for payment, and the five insurances can be paid back. If the unit does not make a declaration (does not open an account), it can only make up the pension. After paying for a period of time, if you want to make up the payment, you can find a ** company to make up the payment.

If the paying unit (excluding individuals and freelancers) fails to pay the employee pension insurance premiums, they should bring the following materials to the social security agencies to handle the supplementary payment of the basic pension insurance premiums:

1. Employee files and pension insurance handbook;

2. Application Form for Supplementary Payment of Basic Pension Insurance Premiums;

3. Labor contract, salary payment schedule, employee's monthly individual income tax certificate, etc.;

4. Other relevant materials.

Statute of limitations for social security supplementary payment:

According to Article 58 of the Social Insurance Law, 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.

Article 63 stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the premiums within a time limit.

In general, the period of supplementary insurance payment depends on the situation of the enterprise according to the social insurance premium collection agency.

1. Private colleges and universities should pay social insurance for you from the beginning of your work.

2. I don't know whether to sign a one-year labor contract at the beginning, if so, I have lost the opportunity to claim compensation according to law, because the time limit for litigation of labor disputes is one year.

1. The company does not apply for insurance, and can complain to the labor inspection department, which is a fast and cost-saving way.

2. To initiate arbitration, you need to sign an exercise labor contract with the unit.

3. You have the right to claim monthly social security.

From January to July, you can claim double pay.

1. The upstairs sewer pipe ruptures and seeps, causing damage to your home, and the owner of the sewer pipe should be responsible for compensation. This is provided for in article 92 of the Property Law.

2. If the sewer pipe is a public pipe, and the responsibility for maintenance lies with the property, then the loss is paid by the property. Due to the non-cooperation of the upstairs residents, the loss is increased, and the property can claim compensation from the upstairs residents.

3. If the sewer pipe is added after the renovation of the upstairs resident, the maintenance responsibility lies with the upstairs resident, and the neighbor is responsible for compensation.

4. In addition to the evidence of taking pictures, you also have the ** of the wardrobe wall and floor soaked in water, as well as the ** purchase of these items and the proof of decoration costs to determine your losses in order to claim compensation.

Legal basis: Property Law of the People's Republic of China

2. Housing leakage claims.