Job Recruitment Website - Social security inquiry - If you don't sign a labor contract and pay social security, how can the company compensate?
If you don't sign a labor contract and pay social security, how can the company compensate?
Legal analysis: if the company has not signed a labor contract with its employees, it should pay them twice the monthly salary. According to the relevant laws and regulations, 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. The practice that the unit does not apply for insurance does not comply with the law, so it can negotiate with the unit to pay social insurance premiums. If negotiation fails, you can complain to the local social security bureau and local taxation bureau and seek administrative treatment. If the Social Security Bureau does not handle the complaint or inaction, it can take administrative proceedings to sue the Social Security Bureau and demand to deal with the payment of social security.
Legal basis: Article 82 of the Labor Contract Law of People's Republic of China (PRC): If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.
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