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An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to the content of the contract, labor contracts are divided into labor contracts within the scope of the labor contract system and labor contracts outside the scope of the labor contract system; According to the form of the contract, it is divided into mandatory labor contract and non-mandatory labor contract. Legal Advice:
Wang went to work in a company in 1996, the company in 2005 for its commercial pension insurance, during which 9 years did not go to insurance, at present Wang wants to resign, only to know about the insurance, how to solve it? I went to the department you mentioned, and they said that because Wang had an agricultural household registration, he couldn't make up the payment, and said that if he was a non-farmer, he could make up the payment, is that the case? You can't make up the payment for the agricultural account, right?
Hualu.com lawyer answers: You can go to the labor inspection department to complain and ask for supplementary payment; Apply for labor arbitration. Claim compensation.
The labor contract shall contain the following clauses: (1) the name, address and legal representative or principal responsible person of the employer, (2) the name, address and resident ID card or other valid ID number of the employee, (3) the term of the labor contract, (4) the content and place of work, (5) working hours, rest and vacation, (6) labor remuneration, (7) social insurance, (8) labor protection, working conditions and protection against occupational hazards, and (9) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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There is no compensation, and the enterprise can only be required to pay social insurance.
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Legal analysis: the employer does not need to compensate the employee if he fails to pay social insurance, as long as he makes up the payment; However, if the employee resigns as a result, the employer shall pay the employee severance payment, which shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.
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Legal Analysis: The employee has the right to terminate the labor contract, and the employer shall pay severance compensation.
Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls 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 provided for in the first paragraph of Article 26 of this Law;
6) Where laws and administrative regulations stipulate that an employee may terminate a labor contract.
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According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish an employment relationship between the employer and the employee from the date of employment, conclude a labor contract and pay social insurance within one month. If the employer does not sign a labor contract and does not participate in the pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances:
1) Failure to provide labor protection and 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; Article 46 stipulates that the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; The employer shall pay economic compensation to the employee. 1. Pay one month's economic compensation for each full year. 2. Make up the social security during the period of labor relations.
3. If the labor contract is not signed, double wages for up to 12 months shall be paid. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the employee may terminate the labor contract:
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;
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The company did not buy social security, how to compensate? What is the net loss? If the company's social security is not paid, it can make up for the bamboo shoots, and the economic loss will be lost.
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How to compensate for the unit's failure to pay social security? Teach you a few tricks to solve the problem right away!
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My boss has a hospital and a clinic, I have worked for four years and have not paid medical insurance, I left in February this year, how can I claim compensation, and now I say that I don't have a work permit.
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First, drink and drive. If an accident is caused by drunk driving, the insurance company will refuse to pay compensation.
The second is overloaded, unlicensed vehicles are out of danger. The insurance company will prohibit the passage of overloaded or unlicensed vehicles.
Third, the vehicles that have not been inspected annually are out of danger. According to the contract, the insurance is only valid for qualified vehicles, and vehicles that have not been inspected annually are considered unqualified vehicles, in which case the consumer will not be able to receive the corresponding compensation even if they are insured.
4.Drivers are not inspected annually. According to the terms and conditions, if the vehicle driven by the driver is not qualified without annual examination, the insurance company can refuse to claim according to the insurance contract.
5. Losing your car and scratching in a paid parking lot. Even if you have all risks, you will not be compensated if you lose your car in a paid parking lot. So, whether the car is lost or scratched, the insurance company doesn't care.
When the above events occur, the right way for the consumer is to make a claim in the parking lot.
6. The other party is fully responsible for your failure to recover. Once in danger, the responsibility lies with the other party, and you must first claim compensation from the other party, and then claim from the insurance company after failure.
7.Failing to report the case in a timely manner or repairing the vehicle without authorization. After the occurrence of an accident within the scope of insurance liability, the insured shall immediately report to the public security department and report to the insurance company within 48 hours. If the vehicle is repaired and there is no damage to it, the insurance company will also refuse to pay the claim.
As a car owner, when driving on the road, you are most afraid of encountering accidents. After an accident, the most troublesome thing is dealing with the insurance company. As a layman, the average car owner hardly knows how deep the insurance business is.
Today, Dazhe Automobile's "Hangzhou Automobile Strategy" column will summarize the experience of the predecessors and tell you under what circumstances, even if you have car insurance, the insurance company is not responsible for compensation, and after you know these situations, don't you know how to avoid them?
Car Tips: In these cases, the insurance company won't lose money if an accident happens.
In the vast majority of natural disasters, the insurance company will pay for the damage to the car, but there is one exception, and that is**. If you happen to be unlucky and your car is hit by **, then congratulations, in this case, the insurance company will not compensate.
If this extreme situation does occur, the insurance company will not pay if you apply for compensation immediately. However, if someone's car is parked next to the wall a few days later, and the wall collapses due to loosening in the wall, and your car is damaged, then in this case, the car damage has nothing to do with **, and the insurance company must compensate.
The insurance company will not compensate for collision damage to the contents of the car.
In the case of non-accidents, the insurance company will not be responsible for compensation if the goods in your car fly up due to sudden braking, break your own car glass or burn the chain and cause damage to other cars.
Millions of car purchase subsidies.
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Hey, there are many concerns about buying insurance
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Hello, you asked a good question.
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