What materials are needed to sue the company for not paying social security

The following materials are needed to sue the company for not buying social security:

1, labor contract (to prove that you have a labor relationship with the unit).

2, payroll or payroll flow (to prove that you should pay the base of social security), the time of entry and exit (to prove that the time to pay back the social security).

I. Prosecution materials

1, indictment, the number of copies for the number of defendants +1 copy

2, catalog of evidence, the number of copies for the number of defendants +1 copy

3, copies of evidence, the number of copies for the number of defendants +1 copy

4, the plaintiff is an individual, a copy of the identity card; the plaintiff is a unit, a copy of the copy of the business license with the official seal, a copy of the organization code certificate. Official seal, a copy of the organization code certificate stamped official seal

5, the defendant is a unit, provide the defendant's basic information on industry and commerce.

Two, sue the company does not buy social security need the following proof of information:

1, labor contract (to prove that you have a labor relationship with the unit).

2, payroll or payroll water (to prove that you should pay the base of social security), entry time and departure time (to prove that the time to make up for social security).

Social security considerations

1, the unit from the wages of the employee directly withholding the payment of various social insurance premiums, housing provident fund and personal adjustment tax, etc., should be included in the contribution base.

2. Transportation subsidies, telephone subsidies, lunch subsidies, festival expenses paid by the unit to individual employees in the form of cash or bank deposits, as well as allowances paid to special positions such as high temperature, high altitude, underground, toxic and harmful, etc., shall be included in the contribution base.

3. Wages paid by the unit to individual employees through after-tax profit commission or dividends shall be included in the contribution base.

4. Employees who are on a base salary system shall be included in the contribution base if they receive income based on turnover or commission from business performance.

5. 60% of the contracted income of an employee who has implemented business contracting or expense underwriting and whose unit no longer reimburses travel expenses shall be included in the contribution base.

Social security means social insurance, social insurance contains pension insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance five kinds of insurance, and medical insurance is only one of the five insurance of social security, medical insurance is a kind of insurance to compensate for the medical expenses brought about by the disease, the workers due to disease, injury, childbirth, by the society or the enterprise to provide the necessary medical services or material help of the social insurance.

Employee health insurance is by the unit and the employee **** the same premiums, the unit contribution rate of 10%, the individual contribution rate of 2%, the individual monthly contributions to the employee's personal health insurance account, to the depositor's personal ownership of the platform we can use the health insurance personal account in the health insurance designated pharmacies, hospitals and consumer use.

We often hear people say that the minimum number of years of social security contributions for 15 years, which in fact refers to the minimum number of years of social security contributions in the pension insurance for 15 years, according to the relevant provisions of the social security, the minimum number of years of pension insurance contributions for 15 years, only the pension insurance contributions for 15 years, to reach the legal age of retirement, we can receive a monthly pension benefits.

Three, how long is the trial period for civil cases?

The trial period of the first instance is generally 6 months

According to the relevant provisions of our country, the trial period of the people's court applying the ordinary procedure to hear the civil case of the first instance is 6 months; there are special circumstances that require an extension of the approval of the president of the court, it can be extended for 6 months; if it is still necessary to extend the approval of the court of a higher level; The application of the simplified procedure to hear the case of the trial period is 3 months, and it can't be extended, and if the 3-month period If the case cannot be concluded within three months, it shall be transferred to ordinary proceedings for continuation of the trial.

Article 149 provides that cases heard by the people's courts applying ordinary procedures shall be concluded within six months from the date of filing. If there are special circumstances that require an extension, the President of the Court may authorize an extension of six months; if an extension is still required, the Court shall report the case to a higher people's court for approval.

Article 161 stipulates that the people's courts applying summary procedures to cases shall conclude them within three months from the date of filing.

The time limit for second-instance trials is generally three months

People's courts hearing civil cases of second-instance are always subject to the ordinary procedure, and the time limit for appeals against judgments shall be three months, with extensions to be approved by the president of the court in the event that special circumstances warrant such an extension; the time limit for appeals against rulings shall be 30 days, with no extensions possible.

Article 176 stipulates that the people's court hearing an appeal against a judgment shall conclude the case within three months from the date of filing of the second trial. If there are special circumstances that require an extension, the president of the court shall approve it.

When a people's court hears an appeal against a ruling, it shall issue a final ruling within thirty days from the date of filing of the second trial.

Legal Basis

The Social Insurance Law of the People's Republic of China

Article 2 of the State establishes a system of social insurance, including basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance, and so on, to safeguard the right of citizens to receive material assistance from the State and society in accordance with the law in the event of old age, sickness, work-related injuries, unemployment and maternity.

Article 10 Employees shall participate in basic pension insurance, and the employer and the employee*** shall pay the basic pension insurance premiums together. Individual industrial and commercial households without employees, part-time workers who do not participate in basic pension insurance with their employing units, and other flexibly employed persons may participate in basic pension insurance and pay basic pension insurance premiums by themselves. The methods of pension insurance for civil servants and staff managed under the civil service law shall be prescribed by the State Council.