The company has not bought any insurance for our employees, how to solve it?

Updated on society 2024-06-25
22 answers
  1. Anonymous users2024-02-12

    Fill out the written labor arbitration, then list the arbitration items one by one, and search for relevant evidence. The items and requirements are as follows: 1. Half of the salary for working on statutory holidays during the working period is paid, and the other half is required to be compensated, and the amount is calculated by yourself (provide the salary slip as evidence); 2. Year-end bonuses, subsidies and the like belong to the company's benefits, which are not legally stipulated, but if the company has these items when you join the company, you can apply for arbitration to you; 3. Because the labor contract is false (you need to be able to prove it), then the company can be required to pay double the salary for 11 months of the first year of work, and at the same time require the company to pay economic compensation (a few years of work is a few months) and a severance compensation for one month; 4. Because the company has not purchased social security, the company is required to pay social security for the past few years of work or compensate you in the form of economic compensation.

    After receiving the arbitration letter, the labor bureau will handle it itself, and if it does not handle or reply within one month, it can file a lawsuit with the court.

  2. Anonymous users2024-02-11

    The question you ask is a policy question, you should go to the local social security bureau to check, take a look, you may be able to find the answer you need to solve the problem there, good luck!

  3. Anonymous users2024-02-10

    You have to have sufficient evidence for the labor department to accept it, otherwise even if it is accepted, you have little chance of winning. It is advisable to consult with a lawyer.

  4. Anonymous users2024-02-09

    The new social security law stipulates that it must be bought, and if you don't buy it, you will be deemed to have bought.

  5. Anonymous users2024-02-08

    If there is evidence of actual labor relations, apply for arbitration at the labor arbitration commission at the district where the unit is located, and put forward a personal claim for the employer to make up the payment and pay social security.

  6. Anonymous users2024-02-07

    Companies don't buy insurance for their employees, do they? Now the national policy stipulates that the unit (which of course also includes the company) to buy five insurances and one housing fund! You should negotiate with the company leader first!

    Let's see if we can negotiate a solution. If you don't meet the requirements, you can file a complaint with your local labor department!

  7. Anonymous users2024-02-06

    According to the Labor Law, employers must purchase social insurance for their employees, and if they do not, they can file a complaint with the labor and social security department and demand double wages.

  8. Anonymous users2024-02-05

    This is the case for very mobile units, especially for security guards hired by small property companies.

    If it is a more formal enterprise, it must pay insurance, otherwise it will have to continue, which is very troublesome, not to mention that you have to make up the money.

  9. Anonymous users2024-02-04

    What should I do if the company doesn't buy insurance for employees, if the company doesn't give me money and you want me to buy insurance, I should leave, I can't do it in this company if I leave the company, because he doesn't even have a minimum of five insurances and one housing fund, what's the point of what you want to do, so you have to leave.

  10. Anonymous users2024-02-03

    You can file a complaint with the local labor inspection brigade or labor arbitration to ask the unit to pay social insurance, which is the obligation of the unit and the labor security that the employee deserves.

  11. Anonymous users2024-02-02

    It is possible to negotiate with the company. If the negotiation fails, you can apply for labor arbitration, require the company to pay social insurance, and claim compensation from the company. If the employer fails to register for social insurance, the social insurance administrative department shall order it to do so within a time limit.

    If the employer still fails to make corrections, the employer shall be fined one to three times the amount of the social insurance premiums payable, and the person in charge who is directly responsible and other persons who are directly responsible shall be fined between 500 and 3,000 yuan.

  12. Anonymous users2024-02-01

    Complaints can be lodged with the Labour Inspection Brigade.

  13. Anonymous users2024-01-31

    File a complaint with your local labor department.

  14. Anonymous users2024-01-30

    Nowadays, in order to reduce the cost of employment, many units will reduce various expenses. In fact, this is also very normal, if the normal expenses are unnecessary expenses, it doesn't matter, but some units will not buy insurance for employees, so that employees are very worried about their personal safety. So what should employees do if they don't buy insurance?

    Lodge a complaint with the labour inspectorate.

    If the employer does not pay social insurance to the employee, it violates the relevant laws and regulations and infringes on the legitimate rights and interests of the employee. At this time, employees do not have to be afraid, they can take up the law to protect their rights and interestsEmployees can file a complaint with the labor inspection department where the employer is located and assert their legal rights. The labor inspectorate will send someone to the company to conduct an inspection, so that the company will be scared and will pay you insurance.

    We must know that if the company buys insurance for employees, then employees are equivalent to no protection, and it is very terrible that they cannot get compensation if there are various accidents at work. In addition to complaining to the labour inspectorate, workers can also lodge a complaint with the tax authority, which is responsible for the collection of social insurance.

    Employees can directly ask the employer to pay for their own insurance.

    We should know that the social insurance is the employer must pay for the employee, if the employer does not pay for the employee, then the employee can directly ask the unit to pay the insurance for himself. Because this is a right under the law, employees have the right to ask the employer to buy insurance for themselves, and if the employer does not buy insurance for themselves, then they can apply for termination of the labor contract and require the employer to pay economic compensation. Because the employer fails to pay social insurance for the employee in accordance with the regulations, which is a violation of the labor law, the employee is entitled to compensation.

    Summary. So if the company doesn't buy insurance for its employees, then such a company doesn't have to stay. But before leaving, you must reasonably protect your rights, and you can't swallow your anger, so this matter is over.

  15. Anonymous users2024-01-29

    Then you should go to the relevant labor bureau to report accordingly, because the company is not doing it correctly, and you should also pay the corresponding insurance to the employee.

  16. Anonymous users2024-01-28

    Employees should keep their evidence and go directly to the local labor bureau to apply for arbitration, as the law stipulates that every company should pay social security for employees.

  17. Anonymous users2024-01-27

    You should go to the relevant place to complain immediately, or you can call some complaints**, because many companies now pay for insurance.

  18. Anonymous users2024-01-26

    Legal Analysis: Embezzlement of all refunds is punishable. Where the property of others in custody is illegally taken into possession, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

    Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

  19. Anonymous users2024-01-25

    Summary. Hello, for your question [the company does not buy insurance for employees, what should I do] The answer to this question is as follows. According to the relevant provisions of the Labor Contract Law, if the employer fails to pay social insurance to the employee, the employee may terminate the labor contract and require the employer to pay severance compensation.

    Severance is determined on the basis of the number of years of service of the worker. One month's salary is paid for each full year, one year for more than six months but less than one year, and half a year for less than six months. (Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.)

    If the employer dissolves or terminates the labor contract in violation of the law, the employer shall pay double the severance to the employee.

    The company doesn't buy insurance for employees, what should I do?

    Hello, for your question [the company does not buy insurance for employees, what should I do] The answer to this question is as follows. According to the relevant provisions of the Labor Contract Law, if the employer fails to pay social insurance to the employee, the employee may terminate the labor contract and require the employer to pay severance compensation. Severance is determined on the basis of the number of years of service of the worker.

    One month's salary is paid for each full year, one year for more than six months but less than one year, and half a year for less than six months. (Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.) If the employer dissolves or terminates the labor contract in violation of the law, the employer shall pay double the severance to the employee.

    The following is a related extension, I hope it will be helpful to you: Labor dispute cases need to go through arbitration procedures before they can be sued in court, so employees can only file arbitration with the local arbitration commission first, and after being dissatisfied with the arbitration award or the arbitration commission does not accept it, they can file a lawsuit with the court to require the employer to pay social insurance and pay economic compensation.

  20. Anonymous users2024-01-24

    First of all, it is necessary to sign a labor contract with the laborer, which is the first and necessary, even if it is formal!

    Social security must also be paid, but many companies now pay it after a year or half a year.

    1. If the company does not pay, you go through the resignation, the procedures are clear, the labor contract is not signed, the social security is not paid, and the resignation documents are completed, and the general manager signs after the resignation documents are retained.

    2. Keep a copy of the entry certificate, a work card or something.

    3. Pay slips!

    Complain to the labor inspection brigade where the company is located, or appeal to the local labor arbitration tribunal! We can definitely win!

    You can apply for compensation for not signing a labor contract after joining the company, and make up social security!

    Let's take a look at the labor law! (The following is a copy of the content).

    Article 79 of the Labor Law 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.

    The employer does not sign a labor contract and pays double wages.

    According to the Labor Law of the People's Republic of China, an employment contract is the legal basis for the establishment of an employment relationship between an employer and an employee, and is used to clarify the rights and obligations of both parties. Once an employment relationship has been established, a written employment contract must be signed, and the probationary period is no exception. The labor contract must be legal, otherwise it will be invalid from the date of signing and must be re-signed.

    According to the regulations, after signing the contract, the employer shall purchase social insurance for the employee, including endowment insurance, work-related injury insurance, medical insurance, maternity insurance, and unemployment insurance. The labor department has the right to order a unit or individual who does not sign a contract or impose a penalty. For the party who does not sign the contract, the other party has the right to claim compensation for damages.

    Disputes arising from the performance of labor contracts may be settled by the parties themselves, or they may apply to the mediation committee of the unit for mediation, or apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court. If the employer does not sign the contract, causing damage to the rights and interests of the employee, the employee may report to the labor security supervision agency in accordance with the law. The labor contract is a strong guarantee for the rights and interests of employees, and employees should pay full attention to the role of the contract.

    When one's legitimate rights and interests are harmed, we must have the courage to seek help and protection from the law.

  21. Anonymous users2024-01-23

    First negotiate to require the company to pay social security and give corresponding compensation, and if the negotiation fails, you can apply for labor arbitration. If the company does not pay social insurance, the employee has the right to terminate the labor contract, and the company shall pay economic compensation. If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee has the right to terminate the labor contract immediately without written notice or prior notice.

    In addition, the employer shall also pay severance to the employee, and if the severance is not paid, it shall also pay twice the severance payment. The employee has the right to claim compensation from the employer on the grounds that the employer has not completed the social insurance formalities for him, and the social insurance agency cannot make up for it, resulting in the inability to enjoy social insurance benefits.

    According to Article 38 of the Labor Contract Law, 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 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.

    Article 46 stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

  22. Anonymous users2024-01-22

    1. How to compensate the company for not signing the contract and not paying social security?

    1. If the company does not sign the contract, if the employee makes a request, the unit needs to bear the liability for paying double wages.

    Labor Contract Law

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

    2. If the unit does not pay social security, the individual can only ask for supplementary payment, but there is no compensation. If the employer fails to participate in social insurance for its employees in a timely manner, the local social security agency can only punish it in accordance with the relevant requirements of the Social Insurance Law and urge it to participate in social insurance for its employees in a timely manner.

    3. If the employee chooses to resign because the unit does not pay social security, then he can get the economic compensation paid by the unit.

    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 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 employees;

    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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