Contract and social security unit inconsistent with what will be the problem

The contract and the social security unit is inconsistent with the following problems:

One, the treatment related to social security can not be enjoyed normally, may be borne by the employer. If the employee is injured at work, due to the employer, the fact that the injury has no relationship with the social security payment unit, the social security department may not pay the normal treatment of work-related injuries, resulting in these costs borne by the employer itself. When you leave your job to collect unemployment insurance benefits, there may also be a situation where the social security department will not pay.

Two, the employee may claim economic compensation from the unit that signed the labor contract. According to Article 38 of the Labor Contract Law, the employer has one of the following circumstances, the worker may terminate the labor contract:

(3) not pay social insurance premiums for the workers in accordance with the law; the employer only signed a labor contract with the employee, and the social security paid by other units, even if it is an affiliated enterprise, in the form of the employer is also not paid for the employee social security, the employee can be based on the above-mentioned provisions of the forced termination, and can ask for social security department not to pay the situation. The provisions of the claim forced to terminate, and can require the termination of the labor contract economic compensation.

Three, leading to some of the employees to enjoy social policy affected. Nowadays, the social security payment is not only between the employer and the employee to pay the problem, and the employee's personal life and development is very close. Some regions have introduced policies that require employees to settle must be the subject of the labor contract and social security subject to pay the same. There are also places where social security payment is not standardized, may affect the employee's children to go to school or affect the individual points to settle in the city of settlement, etc..

Legal basis:

The People's Republic of China*** and the State Labor Contract Law

Article 38 The employer has one of the following circumstances, the worker may terminate the labor contract:

(a) not in accordance with the labor contract agreement to provide labor protection or labor conditions;

(b) not timely and in full payment of labor compensation;

(3) Failure to pay social insurance premiums for workers in accordance with the law;

(4) Where the rules and regulations of the employer are in violation of the provisions of laws and regulations, to the detriment of the rights and interests of the workers;

(5) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(6) Where the laws and administrative regulations stipulate that the workers may terminate the labor contract in Other circumstances. If an employer forces a worker to work by violence, threat or unlawful restriction of personal freedom, or if an employer commands or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notice to the employer.

Article 10: A written labor contract shall be concluded when a labor relationship is established. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. The employer and the worker before the employment of labor contract, labor relations from the date of employment established.

The Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within thirty days from the date of employment, apply to a social insurance agency for social insurance registration for its workers. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.