It has been four months since the contract was signed, but the unit has not paid the basic insurance

If you want to resign, what is your company's requirement for employees to resign, you can just do it.

1. According to Article 100 of the Labor Law, if an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

Therefore, you can go to the local labor administrative department to apply for arbitration and ask the employer to pay you back social insurance.

2. There are two provisions in the Labor Contract Law that an employee may legally terminate the contract:

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

The difference between the two is that if you are terminated in accordance with Article 36, the employer shall give you economic compensation; And if you are terminated under Article 37, you cannot get financial compensation.

It is recommended that you communicate with the relevant departments of the unit about the insurance problem, after the processing, the individual is to make up the deduction for the month before, and the unit should make up for it. If you resign, you can just terminate the labor contract!

No. The employer may be required to pay double the wages of the unsigned labor contract, and the employer may also be required to pay severance payments.

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. The employer violates the provisions of this Law by not entering into an indefinite labor contract with the employee.

shall pay twice the monthly wage to the employee from the date on which the indefinite labor contract shall be concluded. Article 38 of the Labor Contract Law provides that if an employee unilaterally terminates a labor contract, the employer may terminate the labor contract under any of the following circumstances: (1) the employee fails 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.

Target; (4) The rules and regulations of the employer.

violating the provisions of laws and regulations and harming 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) Laws and administrative regulations.

Other circumstances that stipulate that an employee may terminate a labor contract. 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 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer 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.

Although we have paid five social insurances and one housing fund for you, in this case, it cannot be regarded as a default contract, we should still sign a labor contract with the company, so that it will be more secure.

If you don't sign a contract, pay social security is not considered to sign a contract, now temporary workers are also paying several insurances, signing a contract needs to be signed by both the company and the individual, it is considered a valid contract.

Although there is no labor contract, if the company has been paying five social insurances and one housing fund, then it can indeed be regarded as signing a labor contract by default.

Although you have not signed a contract when you work in the company, the company has already paid social security to you, and you have five insurances, so that you can sign the contract by default.

Working in the company, I have not signed a contract, but the company has paid social security and wireless, so it should be regarded as actual labor existence, so this is also an actual labor contract.

In this case, the contract is tacitly acquiesced, but the contract must also be paid. Otherwise, you can repair it later, or maybe it's very troublesome.

If the company has paid you insurance, five insurances and one housing fund, then you have formed a de facto labor contract, if you encounter any problems, you can go to the labor union, or the labor arbitration department can help you solve it.

Not counted. Insurance cannot replace the labor contract, both the enterprise and the employee must pay insurance, and the content of the labor contract is multifaceted, and the insurance is only.

This is not the same as signing a contract by default, because there must be a formal formality to sign the contract, and both parties must sign and fingerprint.

I don't want to think about it, if you participate in the conflict, you must sign a labor contract, which is the most beneficial protection for your legitimate rights and interests.

I haven't signed a contract when I work in the company, but the company has paid five insurances such as social security, so is it a default contract? The so-called signing of the contract must be signed by both parties A and B, and there is no such thing as acquiescing to the contract.

It's a contract, but you still have to sign a labor contract, what's safe?

Summary. Dear, first of all, let's talk about the conclusion, according to the policy, the employer and the employee sign the labor contract and pay social security are the legal obligations of the employer, I have worked in the company for four months without signing the contract and not paying me social security.

To sum up, if what you said is true, you can first ask the unit to perform its obligations, if the unit refuses to perform its statutory obligations, you can complain about the cracks or you can directly apply to the local labor department for labor to destroy the decision, so as to protect your legitimate rights and interests from infringement, in addition, if you do not want to continue to do it in the company, It is also possible to resign on this ground, and at the same time require the other party to give corresponding compensation, expand and supplement, first.

1. If the company does not pay social security, it can request to pay social security. Social security must be handled one month after employment, and if it is not handled, it can be complained by the social distribution imitation transportation insurance department. Clause.

2. If the company has not signed a contract, it is an illegal act, and the company can be required to pay double wages without signing a written labor contract. Clause.

3. If the company terminates the labor contract illegally, it will also be liable for compensation, and the standard of compensation is twice the economic compensation. If the employee submits his resignation, he or she may request the employer to pay severance payments. Clause.

4. If you have worked in the company for one year, the company will terminate the labor contract and need to pay unemployment insurance money. Hope mine is helpful to you! Thanks,

1. It is now April 2, which means that you are hired on December 1, according to the new labor law, after January 1, 2008, you must sign a labor contract within 30 days, otherwise you will have to pay twice the salary, that is, the monthly salary is double, and you will have to pay the insurance premium for 3 months.

2. Yes, the new labor law stipulates that this is the case.

3. There are pay stubs to prove, or more than 2 witnesses can be found.

4. Have the right to claim compensation.

6. (Why is there no 5?) If the company refuses to compensate and terminate the relationship, you can apply for labor arbitration.

7. What you said is the old, and now the new labor law stipulates that it can be regarded as having signed an indefinite-term labor contract, and a written indefinite-term labor contract must be signed in vain, and it cannot be dismissed at will.

The month of the year is counted in the year, and the employment relationship has been established since the day you worked, regardless of the year.

9. Contact the arbitration institution of the local labor bureau, but there will be no fee after May 1, and now it is 300 per person temporarily, and the losing party will pay the arbitration fee. The time for economic compensation depends on the arbitration acceptance time of the local arbitration institution. It doesn't affect your ability to find a new job.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

I haven't signed a contract when I work in the company, but the company has paid five insurances such as social security, so is it a default contract? Not counted. Insurance cannot replace the labor contract, both the enterprise and the employee must pay insurance, and the content of the labor contract is multifaceted, and insurance is only one of them.

Therefore, according to the relevant provisions of the Labor Contract Law, you should be compensated with double wages. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The labor contract shall be legally binding immediately and the parties must fulfill their obligations under the labor contract. According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, the worker joins the employer, such as an enterprise, an individual economic organization, a public institution, a state organ, a social organization, etc., and becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer.

The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits. The above is the lawyer's answer to the question of whether the contract is signed by default when working in the company and has not signed the contract, but the company has paid five insurances such as social security.

Of course, I have to ask. I must have talked to you about this when I came to the company before. Ask personnel or your immediate superior. Don't get confused, figure it out. No, you can call the labor arbitration institution.

According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If the company does not sign an employment contract with you, then you can apply for arbitration and get compensation of 2 times your salary.

At the same time, the labor law also stipulates that the company must pay insurance for its employees. If the company does not pay for your insurance, you can file for arbitration to ask the company to pay back the insurance for you.

Legal analysis: If the company has not signed a labor contract for more than one month, you can claim that the company pay double wages. If you have not paid social security, you can go to the social security bureau to complain, and the social security bureau can order the company to make up the social security.

The employee can also terminate the employment contract and demand severance on the grounds that the company does not pay social insurance.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee.

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