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How to compensate for unpaid wages without paying social security?
1. If the company does not sign the contract and pay social security, it needs to give employees double indemnity. For full-time employment, it is illegal for an enterprise not to sign a labor contract, but if it is part-time employment, it is not necessary to sign a labor contract;
2. The average worker has worked for one year, but the enterprise has not signed a labor contract with the worker, which is deemed to have signed an open-ended labor contract;
3. The employer who has not signed a labor contract will pay double wages (maximum 1 1 month) from the second month, and pay social security to terminate the labor relationship. In addition to asking the employer to pay your salary and deposit, the employer should also pay economic compensation.
How to deal with the problem of wage arrears is as follows:
1, bidding documents, contract texts and attachments, other contracts, project implementation plans approved by the owner, various engineering drawings, technical specifications, etc.
2. Letters (letters, emails, etc.). ), such as the owner's change instruction, various approval letters and notices, and the reply to the contractor's questions.
3. Minutes of various meetings;
4. Construction progress plan and actual construction progress record;
5. Engineering documents on the construction site, such as construction records, construction memoranda, daily construction reports, work diaries of foremen and inspectors, construction records filled out by supervision engineers and various visas, etc.
To sum up, if the employee has worked continuously in the same employer for more than ten years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.
Legal basis:
Article 44 of the Labor Law of People's Republic of China (PRC)
Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of workers during normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
Article 48
The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The wages paid by the employer to the workers shall not be lower than the local minimum wage.
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
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