The company did not buy social security. Is it useful to ask for a resignation certificate?

The Labor Law of People's Republic of China (PRC) in 2022 has the following new provisions:

1. If an invalid contract is concluded due to the employer's reasons, causing damage to the laborer, it shall be liable for compensation;

2. If the employer fails to pay social security to the employees, it shall be fined 1 times and less than 3 times, and the relevant responsible person shall be fined from 500 yuan to 3,000 yuan;

3. If the unit forces the employee to resign by means of fraud threat, it can apply for arbitration.

In addition, if it causes damage to the workers, it shall be liable for compensation.

First, the principles for protecting the legitimate rights and interests of workers are as follows:

1, emphasizing protection and giving priority to protection. Properly reflect the rights standards of workers and the obligations standards of employers, and the labor law gives priority to protecting the interests of workers;

2. Equal protection. The legitimate rights and interests of all workers are equally protected by the labor law, all types of workers are equally protected, and special groups of workers are specially protected;

3. Comprehensive protection. The legitimate rights and interests of workers, whether existing before, after or after the conclusion of labor relations, should be included in the scope of protection;

4. Basic protection. The minimum protection for workers is to protect their basic rights and interests.

Two. The process of applying for labor arbitration is as follows:

1. Submit the application. When applying for arbitration, the parties shall submit an application for arbitration and submit copies according to the number of respondents;

2. Arbitration acceptance. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or reject it;

3. Hold a trial. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing;

4. Arbitration and mediation. When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily;

5. Arbitral award. The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application.

In short, if the employer dismisses the employee through legal procedures and decides not to renew the contract with the employee after the expiration of the labor contract, the employer shall pay compensation to the dismissed employee. If the employee is not competent for the original job or other jobs arranged by the unit, he/she needs to give a 30-day notice in advance or pay a payment in lieu of notice as compensation. If the probation period of the laborer has not expired or seriously affected the work tasks of the unit, the employer may terminate the labor without notice.

Labor law of the people's Republic of China

Article 5? The state takes various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of workers.

Article 18? The following labor contracts are invalid:

(1) Labor contracts that violate laws and administrative regulations;

(2) Labor contracts concluded by fraud or threat.

An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.

The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.