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Illegal. Social security is required by law to be bought.
In addition to replacing the work-related injury insurance of social security with the accident insurance of commercial insurance, the payment of general commercial insurance will not be less than that of social security. However, it would be difficult to say if the unit did not help buy all the social insurance. However, even if they use accident insurance to replace work-related injury insurance, if they are really out of danger, you have to sue, they still have to pay enough money.
But in other aspects, it depends on what the commercial insurance you buy is guaranteed. It's just that, as far as I know, there is no commercial insurance that insures the unemployed.
Logically speaking, you can go to arbitration or sue the unit, but the work in the future may be ......You can also try to negotiate with the unit collectively to see how the collective strength turns out. If you can afford it, you can buy it yourself.
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It's definitely not legal, and you have to buy social security.
According to the relevant provisions of the Labor Law, the employer must sign a labor contract with the employee and purchase insurance, so the purchase of social insurance is a must, which is a compulsory insurance, so you can negotiate with the employer to settle the problem, and if there is no result, apply for labor arbitration or report and complain to the local labor and social security department, which can be effectively resolved.
The evidence is to prove that there is an employment relationship with the employer, such as pay slips, work cards, etc.
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The first thing to say is that the agreement you signed with the company is not formal and legal; The Labor Contract Law requires that when signing a contract with an employee, the employee should enjoy the right to know, and if the contract is not clear, it will be deemed invalid;
At the same time, the Labor Contract Law stipulates that the advance notice period for resignation is also different for signing labor contracts of different periods. The contract stipulates how far in advance the resignation should be; Generally, you can apply one month in advance; You can leave your job automatically at the end of the term. Unbound.
If the company does not agree. If there is no justifiable reason, it may apply for arbitration. (During the probationary period, you only need to give three days' notice to the employer to resign, and the resignation does not need to be approved by the employer.)
If the employer violates laws and regulations to restrict the employee's free choice of employment, it may file a complaint with the local labor administrative department. )
If your company doesn't provide you with any insurance, it must be illegal. But now I'm getting commercial insurance for you, which I don't know much about, but it doesn't seem to be illegal; Dealing with a commercial insurance company has the following advantages: 1. Commercial insurance is a group insurance, which protects the number of people, not a specific person; If an employee leaves, the company only needs to change someone; 2. Commercial insurance companies pay less premiums;
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Not legal, some countries are mandatory, must buy.
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It is not legal for companies to do so.
The company's commercial insurance is generally group accident insurance or employer's liability insurance, which has a very low premium and little financial pressure on the company.
Social insurance is mandatory for employers to purchase for employees, and commercial insurance cannot replace social insurance. It is illegal for the company to do so and can file a complaint with the local labor arbitration department.
Why do some companies choose commercial insurance instead of social security, the nature of the company is employment, or the employment system to sign a labor contract, according to the requirements must be on the social security system, the first system is a more free profession, the company can choose to provide you with social security, or you don't need to go to the Labor and Social Security Bureau to report if the company does not pay social security to you according to the requirements of the excavation.
Legal basis] Labor Law of the People's Republic of China
Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
A labor contract shall be concluded to establish a relationship between labor and hunger. Article 73 Workers shall enjoy social insurance benefits in accordance with law under the following circumstances:
a) retirement; 2) Illness or injury;
3) Suffering from work-related disability or occupational disease;
iv) unemployment; 5) Childbearing.
After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations. Social insurance contributions must be paid in full and on time.
Article 74 The social insurance agency shall collect and collect, manage and operate the social insurance in accordance with the provisions of the law, and shall be responsible for maintaining and increasing the value of the social insurance.
In accordance with the provisions of the law, the social insurance supervision agency shall supervise the revenue and expenditure, management and operation of social insurance.
The establishment and functions of social insurance agencies and social insurance supervision bodies shall be prescribed by law.
No organization or individual may misappropriate social insurance**. Article 72 Social insurance** shall determine the funds according to the type of insurance**, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.
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Business Insurance. Whether the city company or the employee pays depends on the specific purchase of the product.
If it is a supplementary commercial insurance purchased by the company, it needs to be repaid by the company. The company purchases supplementary commercial insurance for employees, which generally includes: supplementary medical insurance, supplementary pension, accidental injury and other commercial insurance.
For example: regular life, critical illness.
Wait. Sail bucket beat.
If the insurance is other than social security and supplementary commercial insurance, it needs to be paid by the employee himself. Of course, employees can also choose not to take out insurance other than this.
Test your anti-risk index, experts will interpret it for you for free!
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Enterprises increase benefits for employees and purchase commercial insurance.
For example, corporate group accident insurance, health insurance, etc., employer's liability insurance can also be purchased.
On the one hand, purchasing commercial insurance can avoid possible employment risks, and secondly, it can protect employees' medical rights and interests such as health and accidents, so as to ensure that they can work without worries.
Group Accident Insurance is a personal accident insurance that is purchased in a group manner, and the optional coverage liabilities include accidental death liability, accidental dismemberment liability, accidental medical liability, accidental hospitalization allowance liability, and public transportation.
Accidental injury liability can also be extended to sudden death liability, additional illness insurance, hospitalization medical insurance, etc. The insurance period is one year, and the insurance is registered in name, and the operation of personnel can generally be changed.
When the employer's liability insurance claims are made to the employee, it is necessary to apply to the insured unit and receive compensation according to the contract. The beneficiary of the compensation is the company, which has nothing to do with the employee, and the company can use this part of the fee to pay the employee's work-related injury compensation benefits.
Employer's liability insurance does not affect the standard of work-related injury benefits for employees.
The employee is injured at work and has a grade 10 disability.
Compensation: Medical expenses: determined based on the invoice of the medical institution.
Wages for the period of leave without pay: During the period, the original salary is paid according to the original salary and benefits, which refers to the average salary in the 12 months prior to the injury. Nursing expenses and food allowance during hospitalization:
Prerequisites: hospitalization; Determined according to local standards. Lump sum disability benefit.
One-time medical subsidy for work-related injuries and one-time employment subsidy for disability: premise: dissolution or termination of labor relations, and the specific standards shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.
If the employer has paid social insurance.
Among them, the medical expenses that meet the standards, food allowance during hospitalization, one-time disability allowance, and one-time medical subsidy for work-related injuries are covered by work-related injury insurance.
**Pay; The employer shall pay the wages for the period of suspension of work, nursing expenses during hospitalization, medical expenses that do not meet the standards, and a one-time disability employment subsidy. If the employer fails to pay the work-related injury insurance, the employer shall bear all the responsibilities.
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As a lawyer, I can tell you that it is generally not legal for an employer to require an employee to pay a commercial insurance policy. Commercial insurance, also known as commercial insurance, is an insurance product that is voluntarily purchased by individuals to protect them against risks in business activities. Employers do not have the right to require employees to purchase insurance unless there is a lawful legal basis for doing so.
In China, labor laws set out the rights and obligations between employers and employees. According to the Labor Law of the People's Republic of China and other relevant laws and regulations, employers are not allowed to compel employees to purchase commercial insurance. An employee's insurance purchase should be voluntary and should not be forced or restricted by the employer.
If your employer requires your employee to pay for commercial insurance, you can do the following:
Review the employment contract: Read the employment contract carefully to understand the terms and requirements of the commercial insurance. If the contract does not explicitly state that the employee needs to purchase commercial insurance, the employer has no right to require the employee to purchase it.
Refusal of mandatory requirements: If an employer requires an employee to purchase commercial insurance, you can explicitly refuse and refer to the relevant laws and regulations as a basis. You have the right to protect your rights and interests from unlawful coercion or restriction.
Seek legal help: If you believe that your employer's request is unlawful, you can consult a lawyer to understand your rights and legal ways to protect your rights. A lawyer can provide you with legal advice and assistance, including possible legal proceedings or other remedies.
It is important to note that the specifics may vary depending on the region and employment contract, so it is best to consult a professional lawyer for specific legal advice when facing an employer's request to purchase commercial insurance.
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According to the relevant laws and regulations, the company cannot force employees to pay commercial insurance, and employees have the right to refuse which chain is cleared. Commercial insurance is a voluntary purchase, and if the employee Li Qiangong voluntarily purchases, the company can provide certain subsidies or subsidies. However, the company cannot use commercial insurance as a means of work restrictions or rewards and punishments, otherwise it will be suspected of violating the law.
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1. If an enterprise buys commercial insurance for its employees, the enterprise needs to pay enterprise income tax, because commercial insurance cannot be deducted before tax during the final settlement period, and it needs to be increased in full;
2. Commercial insurance refers to the form of insurance operated by entering into an insurance contract for the purpose of profit, which is operated by a specialized insurance company. The commercial insurance relationship is a contractual relationship voluntarily concluded by the parties, in which the policyholder pays insurance premiums to the insurance company according to the contract, and the insurance company bears the responsibility of compensating for the property losses caused by the occurrence of accidents that may occur as agreed in the contract, or bears the responsibility of paying insurance money when the insured dies, is disabled, sick or reaches the agreed age and period. The so-called social insurance refers to a social security system that collects insurance premiums to form social insurance**, which is used to provide basic living security for members who lose their ability to work or lose their job opportunities due to old age, illness, maternity, disability, death and unemployment.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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