What kind of social insurance does the general company buy for its employees? Or do you have to buy five insurances and one gold?

Social security is compulsory social insurance stipulated by the state, including endowment insurance, medical insurance and unemployment insurance.

Industry insurance,

Industrial injury insurance,

Maternity insurance.

The employer did not participate in social insurance and did not work as a member.

It is illegal for workers to buy insurance.

question

1

If the company does not pay social security to its employees and the employees are hospitalized, can they ask the company for compensation?

Answer: Yes. If the company doesn't care, it can report to the local social security labor inspection department, and they will file a case.

In addition, it is more beneficial for you to have proof of your work in this company (payroll, copy of attendance sheet, etc.). ):

I wish you all the best.

Success!

question

2

If the company fails to pay social security to its employees, and the employees demand to resign, and the company fails to sign a labor contract with them, then

How to compensate.

Answer: labor arbitration solves this matter! You can win this case. You can apply at any time.

1

If the unit seriously violates the law, the Labor Contract Law stipulates that the labor contract shall be signed within one month after the establishment of labor relations.

2

You can resign at any time because of the illegal behavior of the unit and ask the unit to pay you economic compensation and double your salary.

(at most

1 1

Month) and so on. , pay overtime.

three

If it is a labor dispute, labor arbitration should be filed as soon as possible.

You don't have to take any responsibility,

You can leave your job at any time.

The unit has no right to withhold any wages.

four

Collect some evidence that can prove that you have a labor relationship with this company, such as work card, salary card and attendance.

Record any one. Of course, the insurance paid by the unit is the best evidence.

legal ground

Article 10

To establish labor relations, a written labor contract shall be concluded.

Labor relations have been established,

Failing to conclude a written labor contract at the same time,

A written contract shall be concluded within one month from the date of employment.

Mobile contract

Article 82

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.

Employees should be paid twice the monthly salary.

Article 47

The economic compensation is based on the standard of paying one month's salary for each full year according to the number of years the laborer has worked in this unit.

Pay the workers.

More than six months but less than a year,

Calculated by one year; In less than six months,

Pay the workers half a month.

Economic compensation for wages

If the company doesn't buy insurance for employees after the probation period,

As long as the employee offers to pay back the money,

The company must repay and pay the delay fee.

Nagin.

Not only that,

Employees can terminate the labor contract at any time and get economic compensation on the grounds that the company does not pay social security.

Article 1 of the Labor Contract Law

38

Articles,

46

The joint clause clearly stipulates that

If the employer fails to pay social insurance for the employee, the employee

The labor contract may be terminated,

The employer needs to pay compensation, the compensation standard is:

According to your years in the company,

Man Mei

Compensation for one year and one month's salary, in full.

six

If a month is less than one year, it will be counted as one year, which is not satisfactory.

six

One month's salary, half a month's salary.

So the company will compensate you for one month's salary and pay all social insurance.

question

three

If the company doesn't buy social security for its employees, how can it claim compensation from the company?

Answer:

1

Require the company to make up the social security since joining the company and demand corresponding compensation.

2

First, negotiate with the company. If negotiation fails, you can complain to the labor department, apply for labor arbitration and provide necessary evidence.

Such as payroll (the most important)

, attendance records, work permits, witness material evidence, etc.

three

If the company dismisses employees, the compensation standard is based on the number of years you have worked in the company and the standard of paying one month's salary every year.

question

four

What kind of social insurance does the general company buy for its employees? Or do you have to buy five insurances and one gold?

A: The state forces enterprises to pay only endowment insurance.

/

endowment insurance

/

Unemployment insurance, this

"

Three basic insurances

"

This is the pressure between enterprises and employees.

The proportion * * * is the same as that handed in. employment injury insurance

/

Maternity insurance is employee welfare insurance, which is fully funded by enterprises.

Paid. State-owned enterprise housing accumulation fund

/

Collective-owned enterprises

/

exclusively foreign-owned enterprise

/

joint venture

/

Urban private enterprises

/

Hong Kong

investment enterprise

/

Private non-enterprise organizations must pay housing provident fund to their employees, but the implementation of urban private enterprises is not very good.

OK,

Housing provident fund will be given as soon as you join the company.

Some are given after six months of employment.

The housing accumulation fund is not owned by one country.

Family coercion is also a kind of welfare treatment given to employees by enterprises and a form of distribution of housing monetization.

So, your company pays for you.

"

Four kinds of risks

"

It depends on whether you only have a town hukou.

"

Four kinds of risks

"

It's against the rules

Fixed;

If your company is an urban private company or a collective company, you must pay the housing provident fund.

Because the company handles social security

Need to go to the local social insurance center for examination and approval, so enterprises generally do not pay the fees that are compulsory by the state.

"

Three major risks

"

What are the legal consequences of enterprises not buying social security for employees?

(

1

The company has to pay social security for its employees, and the labor bureau can also punish the company;

(

2

) The employee may terminate the labor contract.

At the same time, the company is required to pay economic compensation and social security.

Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100 stipulates that if an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

Late payment, you can add a late fee.

According to the Labor Contract Law

Article 38 and Article 46 stipulate that the employing unit fails to pay the cooperative fees for the workers according to law.

If the insurance premium is paid, the employee may terminate the labor contract, and the employer shall pay economic compensation.

Regulations of Shenzhen Special Economic Zone on Promoting Harmonious Labor Relations

Paragraph 2 of article 15 stipulates that,

The employer fails to work according to law.

If social insurance premiums are paid, they shall be paid by the employer according to law.

The employer fails to pay within one month as required.

If it is acceptable, the employee may terminate the labor contract, and the employer shall pay economic compensation according to law.

Therefore, it is a mandatory obligation for the company to pay social security for its employees, which shall be borne by units and individuals in proportion.

Units account for the bulk, and individuals account for the small head. The so-called agreement itself is illegal, stipulated by the state and invalid.

Lawyers also analyzed that because workers voluntarily applied not to buy social insurance, they could not enjoy relevant social insurance.

Encounter, shall be borne by the employer. Social insurance is a national policy to maintain social stability,

Protect the legitimate rights and interests of workers and reduce

An important system to reduce the risk of employers,

This is mandatory by the state,

Workers voluntarily apply not to buy social security and cannot fight against the state.

Family social security collection system.

As an employer,

Buy social security for workers and deduct individual contributions directly from their wages.

Some of them have legal basis.

Employers voluntarily apply not to buy social insurance,

Because you can't enjoy the relevant society.

Insurable interest should not be defended by its promise, which is untenable.

Keywords single purchase of industrial injury insurance, enterprises avoiding employment risks, social security institutions, industrial injury insurance institutions,

Article 63 of the Social Insurance Law

The obligation of employers to pay social insurance premiums for employees has been strengthened, and compulsory measures can be taken for employers who do not pay.

Stone.

Social insurance fee collection agencies can inquire about their deposit accounts in banks and other financial institutions,

And apply to the relevant administrative departments.

Please transfer. For those who cannot provide guarantee, they may also apply to the people's court to take measures of sealing up, distraining and auction to pay social insurance premiums.

Expenses.

If the employer fails to pay social insurance premiums in full and on time,

From the date of default,

Collect 5/10000 late payment fee on a daily basis;

Failing to pay within the time limit,

The relevant administrative departments shall impose a fine of not less than one time but not more than three times the amount owed.

Defrauding social insurance benefits

And impose a fine of not less than two times but not more than five times the amount defrauded.

If the company fails to pay social insurance, it will be responsible for work-related injuries, so how can the company prevent the risk of work-related injuries?

Social insurance law

Already in

20 10

year

10

moon

28

Released on the same day,

And in the future.

20 1 1

year

seven

moon

1

From the date of formal implementation,

this means

Listen,

China's social insurance system has entered the era of legal norms.

Until then,

There are still some employers who are not timely.

Workers pay social insurance.

Experts pointed out that,

Even if the laborer voluntarily proposes and signs an agreement with the enterprise,

Because it's illegal.

According to the law, enterprises still cannot be exempted from the liability for compensation for work-related injuries, mainly in three aspects.

First, workers can submit to arbitration,

Claim compensation

According to article 38 of the Labor Law,

The employer is at fault, labor

The actor may request economic compensation.

If the enterprise fails to pay social insurance in time,

When employees leave their jobs,

There will be compensation.

Risk.

Second, when a work-related injury occurs, the risk of the enterprise is the greatest. Failing to pay social insurance, the enterprise shall bear the responsibility when a work-related injury occurs. probable cause

This bears tens of thousands or even hundreds of thousands of medical expenses.

The third is the work injury caused by the third person.

Enterprises have no recourse.

Industrial injury caused by a third person,

Enterprises have paid social insurance, by

The social insurance fund advances in advance,

And then recover from a third person.

Enterprises that have not paid social insurance,

You have no right to pursue it with a third party.

Compensation, the enterprise will bear the consequences.

Therefore, timely payment of social insurance is not only the protection of workers, but also the protection of enterprises. Regarding the issue of work-related injuries,

Lawyer reminds

Human resources (department)

On how to define what kind of situation belongs to the category of work-related injuries, we should try our best to proceed from the interests of employees and put relevant materials

Submitted to the labor and social security department,

Appraised by the Labor Appraisal Committee,

Not only can protect workers to the maximum extent,

Avoid disputes.

In addition, for part-time, freelance and part-time employees, enterprises must pay attention to pay work-related injury insurance for them. employment injury insurance

Insurance can be paid by multiple units at the same time.

When a work-related injury occurs,

According to the actual situation, it can be decided which enterprise will undertake it.

Responsibility.

How should companies buy social security for employees?

Unit processing

Basic procedure of endowment insurance

1

, receive

social security

Registration form, fill in each column in the form and affix the official seal.

(

in duplicate

)

2

, effectively providing units.

Industrial and commercial business license

、

ground rent

Copy of enterprise registration certificate

Code certificate

, legal person

Copy of identification.

three

, the insured by the unit (

In-service employee

Increase and decrease

Abnormal change

List) Fill in every column accurately. ( 1)

In duplicate).

four

Proportion of endowment insurance collection: from

2004

Implemented in 2008 1 month.

state-owned enterprise

、

Collective-owned enterprises

、

shareholding system

enterprise

Unit payment

in proportion

23%

until

22%

individual

Payment ratio

pass by

6%

Raise to

7%

The total contribution rate remains unchanged.

Foreign companies,

private enterprise

、

The unit contribution ratio is still

20%

, the proportion of individual contributions by

6%

Raise to

7%

. Total payment of migrant workers

The cost ratio is still

20%

The proportion of individual contributions of individual migrant workers is determined by the following factors

6%

Raise to

7%

, the total contribution rate is still

20%

five

, the payment standard is

Total wages of employees

(including

Wage bonus

And various subsidies), employees pay insufficient fees.

Social average wage

60%

according to

60%

Payment,

Be on top of.

Social average wage

60%

Pay according to actual salary.

The maximum amount of wages paid is social class.

Pay three times.

six

, according to the unit, by

social security

The agency shall present the unit number and personal number when handling the insurance formalities, and shall

Collect accounts payable.

seven

、

pension

Issue by ...

Social insurance institutions

Commissioned by the bank or post office unified distribution.

eight

First, the collection of pensions is the responsibility of the local tax department, and the collection time is at the beginning of each month.

nine

, social insurance institutions every month

1 - 20

Handle all kinds of trading business of the day.

10

If there is any change in the personnel of the insured unit, it must be within the time specified by the social security agency (monthly

1

Until/very

20

Day) handle it in time.

Go on.

To increase or decrease personnel, you need to fill in the "Employee Increase and Decrease Change Form", and you must show yourself if you decrease personnel.

give up

work report

Combine experience and lessons.

Chapter.

1 1

, must be paid to the local tax authorities at the specified time (the beginning of the month) every month.

endowment insurance

, otherwise it won't work.

Handle transfers and stops.

Insurance, transfer, etc.

labor relation

Business.

12

First, the old-age insurance payment base in July each year.

Statistics Department

Adjust the published social wages.

13

、

2003

Annual city-wide

Average salary of employees

for

1 17 19

Yuan, the average monthly salary is

976.6

Yuan dynasty (1206- 1368)

2004

Nianyang

Old insurance pays wages

The minimum quantity is

586

Yuan, the maximum limit is

2929.8

Yuan.

14

, the insured unit shall receive the payment wage declaration form from the insured in February each year.

The company pays less social security to its employees.

The court ordered the payment of the agreed salary.

The company pays employees less social insurance,

The employee applying for labor arbitration requires the company to take the salary agreed in the contract as.

Cardinality,

Pay the underpaid social insurance,

And won the support of labor arbitration,

The company refuses to accept the labor arbitration decision,

Appeal to the court for payment of social security fund according to the standard of suspended wages.

A few days ago,

Shanghai Minhang Court refuted according to law.

Responded to the company's claim.

A company signed a labor contract with Mr. Wang,

The contract period is seven months,

The first three months were

probation period

And agree on the total amount of monthly basic salary plus post allowance.

3000

Yuan. During the three-month probation period

Occasionally, the company sends it to Mr. Wang every month

2500

Yuan, starting from the fourth month, every month.

3000

Yuan. contract

After the expiration, Mr. Wang terminated the labor relationship with the company, and he found that the company was based on the payment base.

2000

Meta-standard

He paid the social security fund for the first six months, so he applied for labor arbitration and asked the company to pay according to the payment base.

3000

Yuan dynasty (1206- 1368)

The standard is to pay him social security.

2793.60

Yuan,

This requirement has been supported by the labor arbitration institution.

duke

Our company refused to accept the arbitration decision and filed a lawsuit for payment base with the court.

2500

The standard is that Mr. Wang pays six yuan in advance.

Underpaid social insurance last month.

Mr. Wang believes that,

Both parties have not agreed that the probation salary is

2,500

Yuan,

According to the labor contract,

both sides

The wages during the agreed labor contract are all

3000

Yuan, so the company should pay according to the base.

3,000

Fuyuan Tashe

Security deposit, so I don't agree with the company's claim and demand that it be performed in accordance with the arbitration award.

The court held that,

If both parties agree in the labor contract that the contract term is less than one year,

But three agreed.

The probation period of months does not comply with the relevant regulations, so the probation period should be one month.

Because there is no agreement in the labor contract between the two parties.

Fixed probation salary,

Only Mr. Wang's monthly basic salary was clarified.

700

Yuan,

Work allowance

2300

Yuan dynasty (1206- 1368)

company

It is impossible to provide corresponding evidence to prove that the content of the probationary salary of the candidate was formed by mutual agreement.

Therefore, the company advocates that the first six months should be based on the payment base.

2500

Yuan is the reason for Mr. Wang to pay social security, which is difficult for the court to identify.

In order to win trust.

All in all,

The court ruled that the company's claim was rejected.

The company should pay Mr. Wang's salary for the first six months.

Social insurance fund

2793.60

Yuan, of which the individual should bear the part.

640.20

Yuan shall be borne by Mr. Wang.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.