Job Recruitment Website - Zhaopincom - Where can I defend my rights if Ningbo Deli Company fails to pay social security? I have been working for Deli Group for one year and now they will not renew my contract and they do not pay me social
Where can I defend my rights if Ningbo Deli Company fails to pay social security? I have been working for Deli Group for one year and now they will not renew my contract and they do not pay me social
1. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, the employer and the employee establish a labor relationship from the date of employment, sign a labor contract and pay social security within one month. This is the right of the employee. Obligations of the Employer. If the employer fails to sign a labor contract or participate in pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. You can terminate the labor contract in accordance with Article 38 and Articles 46 and 47 of the Labor Contract Law (i.e. Article 38: If the employer has any of the following circumstances, the employee may terminate the labor contract:... ..(3) Failure to pay social insurance premiums for workers in accordance with the law;... Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker: (1) The worker shall Article 38 of this Law stipulates the termination of a labor contract;...Article 47 Economic compensation shall be paid to the laborer at the standard of one month's salary for every full year of work in the unit. If it is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the employee will be paid half a month's salary as economic compensation...) The labor relationship shall be terminated and the employee shall be required to pay the employee. The unit claims:
1. One month of financial compensation for every full year of payment.
2. Repay social security during the period of labor relationship.
3. If the labor contract is not signed, double wages for up to 12 months shall be paid. (Note that there is a one-year statute of limitations)
2. When safeguarding your legitimate rights and interests, you need to collect and retain relevant evidence to prove the existence of a labor relationship. Specifically, it can be found in the document "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" (Labor and Social Security Ministry Fa [2005] No. 12, May 25, 2005) "2. The employer has not signed a labor contract with the employee , when determining that there is a labor relationship between the two parties, you can refer to the following documents:
(1) Wage payment vouchers or records (employee salary payment roster), and records of payment of various social insurance premiums;
(2) The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the worker;
(3) The employer's recruitment "registration form", " "Registration Form" and other recruitment records;
(4) Attendance records;
(5) Testimonies of other workers, etc.
Among them, (1) The burden of proof for items (3) and (4) lies with the employer.
You can prove it based on (2) the "work permit" and "service certificate" issued by the employer to the employee. Identity certificate (not limited to this requirement) to provide labor materials. Of course, the more evidence, the better.
3. It is recommended that you negotiate with the unit to resolve the issue of supplementary social insurance, wages, and economic compensation. If the negotiations are inconsistent, provide materials proving the labor relationship and submit it to the labor inspection department or labor arbitration department for labor arbitration or file a lawsuit with the people's court where you are located to assert your rights
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