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The company didn't pay social security, but paid it by itself. Can I claim compensation from the company now?
Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the employee may terminate the labor contract in any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage 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 laborer can terminate the labor contract as stipulated by laws and administrative regulations.
Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Extended data:
Article 72 of the Labor Law of People's Republic of China (PRC) determines the sources of social insurance funds according to the types of insurance, and gradually implements social co-ordination. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
There are three situations in which employees leave their jobs, and only 1 has compensation:
1. The employing unit has Article 38 of the Labor Contract Law of People's Republic of China (PRC), and the employee can leave the job immediately without the approval of the employing unit, and can request to pay the remaining salary and economic compensation (pay 1 year 1 month salary) and go through the resignation procedures;
2. According to Article 37 of the Labor Contract Law of People's Republic of China (PRC), a worker can leave his job in writing 30 days in advance without the consent of the employer. Among them, the probation period is put forward in writing 3 days in advance; The employer has the obligation to settle the salary and handle the resignation procedures;
3. If the employee fails to resign 30 days in advance, and the employer does not meet the provisions of Article 38 of the People's Republic of China (PRC) Labor Contract Law, the employee will resign directly by submitting his resignation letter. At this time, the employer may demand to bear the direct economic losses caused by the violation of the law by the laborer and the expenses incurred in recruiting the laborer.
Zhejiang Provincial People's Government-People's Republic of China (PRC) Labor Contract Law
Jingbian County People's Government-People's Republic of China (PRC) Labor Law
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