Job Recruitment Website - Social security inquiry - Can employees who have already bought social security get compensation from their bosses if they resign?
Can employees who have already bought social security get compensation from their bosses if they resign?
Second, whether the current company can get compensation depends on whether the company's dismissal complies with the law. Specifically, it depends on whether it meets the provisions of Articles 39 and 40 of the Labor Contract Law, and does not meet the compensation you can claim for my salary of two months a year.
According to Article 40 of the Labor Contract Law, if you have worked in your company for ***6 months, you can get economic compensation of one month's salary every year.
Compensation and economic compensation are different legal relations. Compensation is the legal responsibility that the employer should bear when dissolving the contract illegally, and economic compensation is the economic compensation that the employer gives to the workers when dissolving or terminating the contract according to certain legal provisions.
3. You can claim to pay social security according to Article 72 of the Labor Law and Article 4 of the Social Insurance Law. If the social security cannot be paid back, you can claim compensation from the unit according to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III) (Law Interpretation [20 10]No. 12).
4. According to Article 82 of the Labor Contract Law and Article 7 of the Regulations for the Implementation of the Labor Contract Law, if the company has not signed a contract for six years, it shall pay you twice the salary * * *1month from the day after the employee has been employed for one month to the day before the full year. However, because Article 27 of the Labor Dispute Arbitration and Mediation Law stipulates that the limitation of labor dispute arbitration is one year, and the starting method of double wage limitation is not the same in all parts of the country, except Sichuan, Zhengzhou and Hainan, which have not exceeded the limitation since the date of termination of labor relations, other provinces and cities have exceeded the limitation and are not supported by law.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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