Job Recruitment Website - Social security inquiry - The company paid social security to employees, but did not sign a contract: how to compensate?
The company paid social security to employees, but did not sign a contract: how to compensate?
Legal analysis: the labor contract is valid, and whether to pay social security does not affect the validity of the contract. For the fact that the unit has not paid social security, it may negotiate with the employer and ask for payment or compensation.
Legal basis: Article 72 of People's Republic of China (PRC) Labor Law stipulates that employers and employees must participate in social insurance and pay social insurance premiums according to law. Therefore, the employer must purchase social insurance for employees according to law, and it will not change because of probation and regularization. As long as a labor relationship is established, it must be purchased.
Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates that if the employer refuses to participate in insurance, the employee may resign at any time and ask the company to pay compensation and social security.
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