Job Recruitment Website - Recruitment portal - I have worked in private enterprises for more than ten years, and I haven't enjoyed any benefits except salary (local average), let alone social insurance. What should I do?
I have worked in private enterprises for more than ten years, and I haven't enjoyed any benefits except salary (local average), let alone social insurance. What should I do?
According to the relevant provisions of the Labor Law, the Labor Contract Law and the Social Insurance Law, it is the right of workers and the obligation of employers to establish labor relations, conclude labor contracts and pay social security from the date of employment.
1, according to the provisions of Articles 38, 46 and 47 of the Labor Contract Law, it is possible.
Article 38 A laborer may terminate the labor contract under any of the following circumstances: (3) Failing to pay social insurance premiums for the laborer according to law; ......
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law; ........
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid economic compensation of half a month's salary. ........
You can negotiate with the company first. If negotiation fails, you should apply for labor arbitration after doing the following.
One. Collect and save relevant evidence to prove the existence of labor relations. See the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations (No.[2005] 12 issued by the Ministry of Labor and Social Security on May 25, 2005) for details. "two. If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining the existence of labor relations 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.
You can provide labor materials according to (2) the work permit, service certificate and other documents that can prove your identity (not limited to this article) issued by the employer to the workers.
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