Job Recruitment Website - Social security inquiry - I went to work in China safely and signed a labor contract. Why doesn't the unit pay social security?
I went to work in China safely and signed a labor contract. Why doesn't the unit pay social security?
Workers can also immediately terminate the labor contract according to Article 38 of the Labor Contract Law without prior notice to the employer, and ask the employer to pay compensation (one month's salary for each year of service).
Relevant legal basis:
Labor Contract Law
Article 17 A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work 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.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.
- Previous article:Address of Yongkang Human Resources and Social Security Bureau
- Next article:List of personnel of social security bureau
- Related articles
- People in Xi' an, foreign accounts now need to open social security certificates to buy a house. What should I do?
- Binjiang social security center medical insurance reimbursement
- Zunyi social security card balance inquiry
- What if I haven't paid social security for seven years?
- What does 20% personal social security contribution mean?
- * * * Does Chongqing Qijiang District Government further improve the subsidy policy for community cadres leaving the village?
- How to transfer the social security of the field to the local social security of the field back to the local skills
- Xiaogan employee social security payment standard
- 202 1 New Social Security Payment Policy
- Scope and proportion of medical insurance reimbursement in Tianjin