Job Recruitment Website - Social security inquiry - The company did not sign a labor contract, but paid social security.

The company did not sign a labor contract, but paid social security.

Although the company has paid social security, it is also illegal to sign a labor contract. Workers can ask the company to compensate them twice their wages. Signing a labor contract can be more conducive to safeguarding the legitimate rights and interests of workers, and it is necessary to sign it in accordance with relevant regulations.

Employers and workers only pay social security, do not sign labor contracts, and may also demand compensation from employers. According to the relevant regulations, if the employer does not sign a labor contract with the employee within one year, the employee can ask the company to compensate for twice the salary, but the maximum compensation can only be 1 1 month. Yes, if the employer does not sign the contract, it will pay twice the salary one month from the day after the contract is not signed, with the maximum compensation of 1 1 month, and sign a new contract. Generally speaking, if a labor contract is not signed, it can be counted as an open-ended contract, and the unit can terminate the contract by paying economic compensation for the termination of the contract, which is not the key to the problem. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The specific criteria are as follows:

1. years calculation standard: the standard of paying one month's salary for every year that the laborer has worked in this unit; For more than six months but less than one year, it shall be counted as one year; Less than six months, pay economic compensation for half a month's salary.

2. The compensation period is no longer limited (12 years).

3. Salary calculation base: refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. The wages here refer to the wages that workers deserve, generally including hourly wages, piece-rate wages, bonuses, allowances, overtime wages and wages paid under special circumstances.

Legal basis:

Article 82 of the Labor Contract Law stipulates that if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary; If the employing unit fails to conclude an open-ended labor contract with the laborer in violation of regulations, it shall pay the laborer twice the monthly salary from the date when the open-ended labor contract should be concluded.

This provision of the Labor Contract Law only establishes the principle of paying double wages, and does not explicitly calculate the base of double wages. Therefore, there are different understandings of this: some advocate calculating according to the actual wages of workers, while others advocate calculating according to the basic wages. So how should we calculate it? The national legal documents have no clear provisions on this issue. It is generally believed that it should be calculated according to the wage standard of normal attendance of workers, excluding overtime pay. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary; How should this limit be calculated? Like wage disputes, it should be calculated after employees resign from their original units. The law does not stipulate this. In Beijing's judicial practice, double pay 1 1 month is generally calculated for this situation. The limitation period is calculated from the date when the employer and the employee conclude the labor contract or the date when the labor contract is deemed to be signed, and the longest period is one year.