Is it illegal for private enterprise owners not to sign contracts with employees and pay five insurances and one gold? I'm one year old now.

It is illegal for private enterprise owners not to sign contracts with employees and not to pay five insurances and one gold. If the company fails to sign a labor contract with employees within one month from the date of employment, and fails to pay employees five insurances and one gold, employees can complain to the local labor inspection brigade and request labor arbitration, so that the company can pay double wages. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

Legal analysis

If 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, it shall pay the employee twice the monthly salary in accordance with the provisions of relevant laws and make up the written labor contract with the employee; If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the provisions of relevant laws. The starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the regulations from the day after the expiration of one month to the day after the expiration of one year. The day after the expiration of one year from the date of employment is deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee. If the company fails to pay social security for its employees, it can first negotiate with the unit leaders and ask for social security. If negotiation fails and there is no evidence of actual labor relations, apply to the district-level labor arbitration committee where the unit is located for arbitration, and put forward personal demands for the unit to pay back and pay social security. It is illegal for a company not to pay social security. If the company fails to pay social security, workers can claim compensation according to law. The company will face the following consequences: if the employee terminates the labor contract because the company fails to pay social security, he can ask the company to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and one month's compensation is paid after one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

legal ground

Labor law of the people's Republic of China

Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.

Article 70 The state develops social insurance undertakings and establishes social insurance systems and social insurance funds, so that workers can get help and compensation in old age, illness, work injury, unemployment and childbirth.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 77 In case of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.