Job Recruitment Website - Zhaopincom - I have worked in Changchun Emergency Center for eight years and have never paid insurance. Now I quit my job. What compensation should I ask for from the company?
I have worked in Changchun Emergency Center for eight years and have never paid insurance. Now I quit my job. What compensation should I ask for from the company?
Proof of Labor Relations Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations 12 stipulates that if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:
(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc.
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
1. Working without a labor contract for three years has been regarded as an open-ended labor contract. From the second month of work to one year, the statute of limitations for double pay has passed (one year) and cannot be claimed.
If you haven't paid social security, you can ask the company to pay you social security for three years. Endowment insurance 1500*28% (20% from the company and 8% from the individual), medical insurance 1500* 10% (8% from the company and 2% from the individual), and unemployment insurance 1500*3% (. Legal basis: Article 17 of the Labor Contract Law.
If you want to resign, you can submit your resignation to the employer in writing on the grounds that the employer has not paid you social security, and you can leave immediately. And you can ask for economic compensation for three months' salary (working for three years). Legal basis: Articles 38, 46 and 47 of the Labor Contract Law.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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