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How to compensate for not paying the social security company for three years?
What are the conditions for applying for labor arbitration?
1. In case of any dispute between the employer and its employees over labor-related rights, obligations and issues, both parties may apply for arbitration.
Second, the central and municipal joint ventures, Sino-foreign joint ventures and wholly foreign-owned enterprises, the parties or their employees, the occurrence of labor disputes should be submitted to the Beijing Municipal Labor Dispute Arbitration Committee for arbitration.
Third, labor disputes between the parties and state-owned, collective, individual, joint venture, joint-stock system, township enterprises, or between organs, institutions, mass organizations and laborers who have formed labor relations with them shall be submitted to the district or county labor dispute arbitration committee where the unit (industrial and commercial registration place) is located for arbitration.
4. The labor arbitration department accepts the following labor disputes: disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees; Disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection; Disputes arising from the performance of the labor contract; Other labor disputes stipulated by national laws and regulations.
Five, the parties applying for arbitration shall, within 60 days from the date of the labor dispute, collect and fill in the complaint and submit it to the labor arbitration department.
Six, the complaint should be filled in with a pen, in duplicate, indicating the time, disputed facts and reasons. And indicate the date of filling, my mailing address, neat handwriting, concise text.
Seven, after the labor dispute is filed, the parties should actively cooperate with the arbitration department, submit relevant materials in time, appear in court on time, and bear the burden of proof for their own problems.
8. Both parties may entrust 1-2 lawyer or others to participate in arbitration activities, but they must first submit a power of attorney signed and sealed by the parties to the arbitration department.
9. Both parties shall pay the arbitration fee in advance after learning that the case has been filed. The arbitration fee includes acceptance fee and handling fee. After the case is closed, the Arbitration Commission will charge fees according to the actual expenses based on the principle of overpaying and underpaying. The arbitration fee shall be borne by the losing party. If the mediation fails or both parties suffer partial losses, the arbitration commission shall decide the amount of arbitration fee, which shall be shared by both parties.
Legal basis: Article 38 of the Labor Contract Law stipulates that the laborer unilaterally terminates the labor contract immediately.
Under any of the following circumstances, the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
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