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What should I do if the company keeps paying?
If the unit fails to pay the premium, the insured shall promptly urge the unit to pay the premium and remind it to pay the premium in full and on time, otherwise the insured may terminate the insurance contract. If the unit still fails to perform the payment obligation, the insured may terminate the contract according to the insurance contract and bring a lawsuit to the court for recovery. In the course of litigation, it is necessary to provide evidence to prove that the unit has not paid the premium, such as insurance policies, payment vouchers and other evidence. If the court decides to support the applicant's claim, the unit needs to compensate the corresponding premium, interest and other losses.
1. What should I do if the unit does not go through the formalities of stopping insurance?
Laborers can complain to the labor administrative department. Laborers should also go through resignation procedures, and the employer should issue a resignation certificate according to law, go through social security and file transfer procedures, and settle wages; If the employee's resignation causes losses to the employer, the employee shall be liable for compensation, and the employer may deduct the money in proportion according to law; If the employer refuses to issue a resignation certificate or illegally deducts wages, the laborer may complain to the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration, and the administrative department of the Labor Bureau will order the employer to issue a resignation certificate and pay the deducted or unpaid wages within a time limit.
Second, how can the company defend its rights without paying wages?
Workers can ask for wages in the following ways:
1. Complain to the labor inspection brigade. If the employer violates the state regulations and fails to pay the labor remuneration in full, the employee may complain to the labor administrative department, which shall handle it according to law.
2. Labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate, and the negotiation fails or fails to perform after reaching a settlement agreement, or the mediation fails or fails to perform after reaching a mediation agreement, they may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
3. Bring a lawsuit to the court. If workers have IOUs, they can directly bring their ID cards, IOUs, complaints and copies to the court to file a civil lawsuit. If the court decides the employer to pay the arrears, but the employer still refuses to pay, the laborer may apply to the court for compulsory execution within two years after the expiration of the time limit stipulated in the judgment.
Third, the last company did not terminate social security after leaving the company.
If the last company does not terminate the social security after leaving the company, the parties concerned may complain to the labor administrative department. Because when the employee leaves his job, the employer shall handle the transfer formalities of the file and social insurance relationship for the employee within 15 days. If the employer fails to handle the social insurance transfer formalities in accordance with the regulations, the employee may complain to the labor administrative department.
To sum up, the insurance contract is a kind of contract with strong legal binding force. If the unit fails to pay the premium, the insurance contract will be terminated, so the insured needs to take legal measures to protect his rights and interests in time. In case of unexpected losses, the insured can claim compensation from the insurance company according to the insurance contract or legal provisions, and safeguard their legitimate rights and interests through legal channels.
Legal basis:
Article 59 of People's Republic of China (PRC) Social Insurance Law People's governments at or above the county level shall strengthen the collection of social insurance premiums. Social insurance premiums shall be uniformly collected, and the implementation steps and specific measures shall be stipulated by the State Council. Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.
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