Job Recruitment Website - Recruitment portal - The employer's foot washing city didn't sign a labor contract for its employees and didn't take any insurance. Now the boss is dead and wants to escape. Does he want to take no responsibility?

The employer's foot washing city didn't sign a labor contract for its employees and didn't take any insurance. Now the boss is dead and wants to escape. Does he want to take no responsibility?

Apply for labor arbitration.

prepare the evidence that can confirm the factual labor relationship, and fill in the recruitment records such as "Registration Form" and "Registration Form" of the employer; Vouchers or records of wage payment (payroll roster of employees) and records of payment of various social insurance premiums; Attendance record; The "work permit" and "service certificate" issued by the employer to the laborer can prove the identity; Testimony of other workers, etc. If necessary, you can understand the smart arbitration applet.

if an employee dies without signing a labor contract, he shall first apply to the labor dispute arbitration Committee for arbitration to confirm the factual labor relationship, and then deal with it according to the following circumstances: if he is a work-related death, he shall apply to the work-related injury insurance fund for compensation; Non-work-related deaths, apply to the endowment insurance fund for funeral grants and pensions.

if there is no labor contract, the work-related injury death shall be compensated according to the work-related injury treatment. If the employer and the employee have not signed a written labor contract, it will not affect the establishment of the labor relationship, and there is a factual labor relationship between the two parties. If the employer fails to pay work-related injury insurance for employees, the employer shall bear or compensate all the work-related injury benefits.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance

If an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:

(1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months;

(2) The pension for dependent relatives shall be paid to the relatives who were unable to work and provided the main source of livelihood for the employees who died during their lifetime according to a certain proportion of their own wages. The standard is: 4% for spouse, 3% for other relatives, and 1% for the elderly or orphans. The sum of the approved pensions for dependent relatives should not be higher than the wages of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council;

(3) The standard of one-time work-related death allowance is 2 times of the per capita disposable income of urban residents in the previous year. If a disabled employee dies due to a work-related injury during the period of suspension with pay, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article.