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1. Go to the local district labor and social security bureau with your ID card for inquiry.
2. You can ask for economic compensation.
Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
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. If it is more than six months but less than one year, it shall be counted 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 as 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.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
3) Failure to pay social insurance premiums for workers in accordance with the law;
3. You can report the company.
Interim Regulations on the Collection and Payment of Social Insurance Premiums.
Article 23 Where a paying unit fails to register, change or cancel its social insurance registration in accordance with the regulations, or fails to declare the amount of social insurance premiums paid in accordance with the regulations, the labor and social security administrative department shall order it to make corrections within a specified period of timewhere the circumstances are serious, the directly responsible managers and other directly responsible personnel may be fined between 1,000 and 5,000 RMB;where the circumstances are especially serious, the directly responsible person and other directly responsible personnel may be fined between 5,000 and 10,000 RMB.
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The social insurance institution of your district, with your ID card.
If you don't pay it, you can negotiate with the unit or file a labor arbitration. This is the legal obligation of the unit, and it stands to reason that you should be justified!!
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Local Taxation Bureau. If you don't have to pay the insurance, look for the Beihai Labor and Social Security Department.
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Legal analysis: If an employer fails to pay social security to its employees, it is a violation of the law, and it is illegal to fail to pay or not pay according to the regulations, and they need to bear the corresponding legal responsibility. If the employer has such a situation, the employee may negotiate with the employer to make up the social insurance, and if the negotiation fails, the employee may apply for labor arbitration.
Legal basis: Social Insurance Law of the People's Republic of China Article 58 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.
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: (3) Failure to pay social insurance premiums for the employee in accordance with the law.
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It's so simple
If you have been working for more than 3 months, you will be considered a full-time employee. How is the salary paid?
If it's on the punch card, you go to the bank to open a certificate, and you can go to arbitration.
There are two results for you to sue.
1. The company admits to signing a contract with you, you are a regular employee, and you can ask for double compensation (based on salary) without insurance for one year
2. The company does not recognize signing a contract with you, you have been a regular employee for one year, and if you do not sign a contract, you will violate the labor law in addition to double the compensation, and then the labor bureau will have a 4 times fine.
The main thing is to collect evidence to prove that you are working hours, it is best to have a salary card, and a pay slip is also fine.
You can find someone to testify (such as someone you don't want to do), and if you win the case, you can testify against him.
One more trick: you can anonymously report to the Labor Inspection Brigade. Let them go to your company to check, prepare evidence in advance, and then you will be able to handle this matter.
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Call ** directly to the Social Security Bureau to complain. Tell the company's behavior.
It is also possible to apply for labor arbitration.
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You can report to the local labor and social security inspection brigade, or apply for labor arbitration, and ask the company to pay social security for you. You can also terminate the labor contract on the grounds that the company does not pay social insurance, and ask the company to pay you economic compensation.
Have a free consultation!
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1. It should be paid.
2. Complain to the Supervision Department of the Social Security Bureau, or the Labor and Social Security Department.
3. It's really hard to say how much compensation, because the average social wage is not the same in various places, and the annual payment standard is not the same, and the 10-year span is too big, so you can go to the social security bureau to find a staff to calculate, and it is estimated that it will be about 20,000 or 30,000.
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Five insurances must be paid. If you do not pay it, file a complaint with the local social security department. Pension and medical insurance employers and individuals shall pay according to the prescribed proportions.
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1.You can ask for social security payment;
2.The existence of an employment relationship can be proved by the records of the bank card and other work-related materials; If you have a work card or other time card, you can apply to the arbitration commission to withdraw it from the company;
3.Social security is mandatory by law, even if the contract stipulates not to buy, or you agree not to buy, these agreements are invalid.
You can still claim the company's retroactive payment.
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Yes, the relevant laws have been violated.
According to China's current laws and regulations on labor security, employers recruiting workers shall conclude a written labor contract and pay social insurance premiums to the employee in accordance with the law. If your employer infringes upon your rights and interests, you can file a complaint with the labor inspection agency where the employer is located in accordance with the law, or you can apply for labor arbitration.
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