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How much is the social security charge?
1. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish a labor relationship with the employee, conclude a labor contract and pay social security within one month. The affiliated unit does not pay social security, which violates the provisions of the Labor Contract Law and the Social Insurance Law. According to Article 47 of the Labor Contract Law, you can pay a laborer one month's salary according to the number of years he has worked in this 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, and the labor relationship shall be terminated, and the unit shall be required to make a claim: 1, and one month's economic compensation shall be paid every full year. 2. Social security paid during the duration of labor relations. 3. If the labor contract is not signed, the maximum double salary will be 65438+February. (Note that there is a one-year limit) 2. When safeguarding their legitimate rights and interests, they need to collect and keep relevant evidence to prove the existence of labor relations. Specifically, according to 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), "2. If the employer has not signed a labor contract with the employee, it can refer to the following documents when determining that there is a labor relationship between the two parties: (1) wage payment voucher or record (employee payroll) and record of paying 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. Of course, the more evidence, the better. Third, I suggest you negotiate with your unit first. If negotiation fails, provide materials to prove labor relations and submit them to the labor inspection department and the labor arbitration department for labor arbitration, or suggest that you directly file a lawsuit with the local people's court to claim your rights and interests.
Legal objectivity:
People's Republic of China (PRC) Social Insurance Law Article 4 Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
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