Job Recruitment Website - Social security inquiry - How can a company complain if it doesn't sign a labor contract and pay social security?

How can a company complain if it doesn't sign a labor contract and pay social security?

Legal analysis: If the employer fails to conclude a labor contract with the employee in violation of the law, it shall pay the employee twice the salary every month from the date when the open-ended labor contract should be concluded. So, you can ask your company to pay twice the monthly salary as compensation. Secondly, the practice that the unit did not apply for insurance did not comply with the law. You can negotiate with the unit according to law and ask it to pay social insurance premiums for you. If negotiation fails, it can be settled through the following channels: 1. You can complain to the local social security bureau and local taxation bureau and seek administrative treatment. 2. If the Social Security Bureau doesn't handle the complaint or inaction, it can file an administrative lawsuit and sue the Social Security Bureau for handling the issue of paying social security. When making a complaint, you should write a written complaint, and copy the labor contract, brand and other materials to prove the labor relationship to the Social Security Bureau and the Local Taxation Bureau.

Legal basis: Article 82 of People's Republic of China (PRC) Labor Contract Law. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.

Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.