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How to apply for compensation for unpaid wages and social security
1, go to the local labor inspection brigade to complain, and ask for back wages in arrears, and to go through the procedures of participating in social insurance, as well as to pay back social security premiums.
2. Go to the local labor and personnel arbitration committee to apply for arbitration and ask the unit to pay back wages. If you don't want to do it, ask the unit to pay economic compensation (because the unit owes wages).
Enterprise dismissal of employees need to pay economic compensation:
1, by consensus of the parties to the labor contract, by the employer to terminate the labor contract, the economic compensation according to the number of years the worker has worked in the unit, every year to pay one month's wages to the standard to the workers. If it is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, the employer shall pay the worker half a month's salary as economic compensation;
2. If a worker suffers from an illness or an injury not caused by work, and the labor appraisal committee confirms that the worker is unable to engage in the original work, or in the work otherwise arranged by the employer and the employment contract is terminated, the employer shall, according to the length of service of the worker, pay a month's salary to the worker for each year of service at the unit. If the employer terminates the labor contract because the worker is incompetent to perform his or her job and is still unable to perform the job after training or adjusting his or her job position, the employer shall pay him or her an economic compensation equal to one month's salary for each full year of employment with the employer;
4. If the objective circumstances on which the labor contract is based have changed substantially, resulting in the termination of the labor contract, the employer may not be able to perform his or her original job. If there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and if the employer cannot reach an agreement on changing the labor contract after consultation between the parties concerned and the labor contract is terminated by the employer, the employer shall pay the worker the equivalent of one month's wages for each full year of the worker's employment with the employer;
5. If the employer is on the verge of bankruptcy during the period of statutory rectification or if the production and operation situation is in If the employer is on the verge of bankruptcy, during the period of statutory reorganization, or if the production and business conditions are in serious difficulties and the employer has to reduce the number of employees, the employer shall pay the economic compensation according to the number of years that the employees have worked in the unit. The standard of one month's salary is paid to the laborer for each completed year.
In summary, if a worker seriously violates the employer's rules and regulations, the employer can notify the worker at any time to terminate the labor contract, which is also called negligent termination of the labor contract. In this case, if the employer proposes to terminate the labor contract, it can not pay economic compensation.
Legal basis:
Article 30 of the Law of the People's Republic of China on Labor Contracts
Labor Remuneration The employer shall, in accordance with the agreement of the labor contract and the provisions of the state, pay the labor remuneration in full and in a timely manner to the workers.
If an employer is in arrears or fails to pay labor remuneration in full, the worker may apply to the local people's court for an order for payment in accordance with the law, and the people's court shall issue the order for payment in accordance with the law.
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