Job Recruitment Website - Social security inquiry - Because the employer has not paid social security for more than one year and the labor contract has not been renewed for three months overdue, it may apply to the labor arbitration commission for arbi
Because the employer has not paid social security for more than one year and the labor contract has not been renewed for three months overdue, it may apply to the labor arbitration commission for arbi
Detailed description:
1. According to the Labor Law of People's Republic of China (PRC) and relevant laws, the employer shall pay social insurance for employees on time and renew the labor contract on time. If the employer fails to pay social security for more than one year and fails to renew the labor contract for three months after the deadline, the employee has the right to apply to the labor arbitration committee for arbitration.
2. In labor arbitration, employees can ask the employer to pay compensation. The amount of compensation depends on the specific circumstances, which may include but not limited to the following aspects:
A. Unpaid social security expenses: The social security expenses that the employer fails to pay on time shall be borne by it, and the employee may ask the employer to compensate this part of the expenses.
B. Economic losses: If the employer fails to renew the labor contract, which causes economic losses to the employee, the employee may request the employer to give corresponding economic compensation.
C. Compensation for breach of contract: If the employer violates the labor contract, the employee may require the employer to pay liquidated damages according to the compensation standard stipulated in the Labor Law.
D. Other losses: According to the specific circumstances, workers may also request compensation for other losses caused by the employer's breach of contract.
3. Summary: According to the above situation, if the employer fails to pay social security for more than one year and fails to renew the labor contract after three months, the employee has the right to apply to the Labor Arbitration Committee for arbitration and demand the employer to pay compensation. In arbitration, employees can claim compensation for related economic losses and liabilities for breach of contract.
Extended data:
The Labor Arbitration Commission is the judicial organ in China, which is responsible for handling labor disputes. It aims to resolve disputes between employers and employees through fair and independent arbitration procedures. The arbitration award of the Labor Arbitration Commission has legal effect and is binding on both parties. Labor arbitration is a fast and low-cost way to solve labor disputes, which plays an important role in protecting the legitimate rights and interests of workers.
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