It is illegal for a company to default on social security for several months.

It is illegal to pay one month's salary in arrears. You can't stop paying social security, unless you quit to work in another company after other companies stop, and then pay it again, and report it to the labor bureau on the grounds of safeguarding your own interests. There is no reason to default. The company will pay social security after one month of job satisfaction. The employee establishes labor relations with the employer, and the employer does not pay social security to the employee, but grants subsidies to the employee. If a worker leaves his job orally, the employer may pay him economic compensation.

Supplementary information:

This behavior of enterprises defaulting on or not paying social security for employees has been suspected of violating the relevant provisions of the Labor Law. According to the procedure, employees can first complain to the labor inspection department about the employment enterprise and apply for arbitration at the same time. If the arbitration fails, they can sue the enterprise in court.

Rights protection strategy:

First, determine the type of infringement.

Determine what kind of infringement it is and what damage it causes.

Second, collect evidence.

(A) the general scope of proof

1, labor relations certificate; Such as the labor contract signed by both parties, employment and employment relationship certificate, if no labor contract is signed, the work start and end date and relevant certificates or other agreements between the two parties shall be provided.

2. Citizens should provide proof of identity; A legal person or other organization shall provide the business license, the identity certificate of the legal representative or the identity certificate of the person in charge.

(2) The scope of proof of labor disputes caused by dismissal, dismissal and expulsion of employees: notice of decision on dismissal, dismissal and expulsion of employees, etc. ; Where training fees are involved, the employer must provide the specific basis for paying the training fees and the necessary service period.

(three) the contents of the proof of recourse for labor remuneration

Provide relevant evidence such as the start and end date of labor and the specific amount of labor remuneration owed.

(4) Model countries for labor disputes caused by labor insurance and labor protection:

1, relevant certificates of payment of endowment insurance and housing accumulation fund by enterprises, etc. ;

2. Employees' salaries and bonuses;

3, employee injury identification and medical bills, etc.

Third, determine the competent court.

Labor dispute cases shall be under the jurisdiction of the basic people's court where the employer is located or where the labor contract is performed. If the performance of the labor contract is unclear, it shall be under the jurisdiction of the grassroots people's court where the employer is located.

A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.

Fourth, prepare materials.

1, indictment;

2. A copy of the plaintiff's ID card, if the plaintiff is an enterprise, a copy of the business license of the enterprise and a copy of the identity certificate of the legal representative;

3. If the defendant is an enterprise, some courts require a copy of the defendant's industrial and commercial registration information to determine whether the defendant exists. Different courts have different rules. Some courts require the defendant's industrial and commercial registration materials to be stamped with the seal of the Industrial and Commercial Bureau. Some courts agree to use written information on the Internet. You can go to the local industrial and commercial bureau Red Shield online to check, and you can ask in advance before you go to court to file a case.

4. List and copy of evidence.

Verb (abbreviation of verb) test

preliminary examination/check

Prosecution and acceptance.

After receiving a complaint or oral prosecution, the people's court considers that it meets the conditions for prosecution, and shall file a case within 7 days and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within 7 days; If the plaintiff refuses to accept the ruling, he can appeal.

Preparation before the trial. Before a formal trial, the people's court should make some preparations, such as sending a copy of the complaint to the defendant, forming a collegial panel, conducting an investigation or entrusting an investigation, and notifying the parties to participate in the proceedings.

Hold a trial. The court investigation shall be conducted in the order of the statements of the parties, the testimony of witnesses, the presentation of testimony and other evidence, the reading of the appraisal conclusion and the record of the inquest. After entering the court debate, the plaintiff and his agent ad litem speak first, then the defendant and his agent ad litem reply, and then the parties argue with each other. After the debate, the presiding judge shall seek the final opinions of all parties in the order of plaintiff, defendant and third party.

Make a judgment according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.

second trial

If a party refuses to accept the judgment of the first instance, it may file a second instance procedure according to law. However, an appeal must be lodged with the people's court at the next higher level within 15 days from the date when the judgment of first instance is served. The appeal shall specify the name of the party, the name of the legal person and the name of the legal representative, the name of the people's court hearing the case, the case number and the cause of action, as well as the request and reasons for the appeal. The appeal shall be submitted through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. The judgment of the people's court of second instance is final.

adjudication supervision

The parties may also apply for retrial, but they must do so within two years after the judgment becomes legally effective.

Submit a petition

I. Restrictions on applying for arbitration

The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Second, the materials submitted for arbitration

(1) If the applicant is a worker, please submit the following materials:

(1) application for labor arbitration (state the reasons and requirements of the complaint in detail, submit the original 1 set, and provide copies according to the number of people complained).

(2) A copy of the applicant's identity certificate.

(3) If there is an entrusted agent, a power of attorney shall be submitted, indicating the entrusted matters. If a citizen is entrusted as an agent, a copy of the ID card of the entrusted agent shall also be submitted.

(4) Copy of the industrial and commercial registration information of the respondent (machine-readable information of the respondent or copy of the business license) 1 copy.

(5) Attached with a list of evidence, which should generally include materials to prove the existence of labor relations, such as: labor contract, work permit, factory brand, work card, salary table (table), employment registration form (application form), deposit receipt, social insurance payment list, temporary residence permit, attendance record, reward and punishment notice, notice (certificate) of dissolution (termination) of labor relations, etc. The parties shall provide the original evidence 1 set, and provide copies according to the number of people under investigation.

(2) If the number of applicants exceeds 10 and there are * * * applicants, representatives may be recommended to participate in arbitration activities.

In addition to submitting the first-class (1) to (6) materials, the applicant may nominate 1-3 representatives and submit the power of attorney signed by all applicants. Among them, it is a collective dispute case of unpaid employees, and the applicant also needs to submit a monthly list of arrears.

(3) If the applicant is an employer, please submit the following materials:

(1) Copy of business license (copy).

(2) the legal representative (principal) identity certificate.

(3) If there is an entrusted agent, a power of attorney shall be submitted, indicating the entrusted matters.

(4) The evidence is accompanied by a list of evidence, as shown in Item (5) of Category I. ..

register

Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.

Record acceptance

After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days.

After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.

Not within the scope of trial

Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.

Pre-trial mediation

1. The arbitration tribunal shall conduct mediation before making an award. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.

2. The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.

3. If mediation fails or one party reneges before the mediation is served, the arbitration tribunal shall make an award in time.

Hold a trial/hearing

I. Composition of the arbitral tribunal:

The arbitration tribunal consists of three arbitrators, with a presiding arbitrator. Simple labor dispute cases can be arbitrated by an arbitrator alone. Two, the labor dispute arbitration commission shall notify the parties in writing of the composition of the arbitration tribunal within five days from the date of accepting the application for arbitration.

Third, avoid.

1, avoidance reason

(1) is a party to this case or a close relative of a party or agent.

(2) Having an interest in the case.

(3) Having other relations with the parties or agents in this case, which may affect impartiality.

(four) to meet the parties or agents in private, or to accept the guests and gifts from the parties or agents.

2. Withdraw the application

Fourth, postpone the hearing.

The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission.

Verb recognition (abbreviation of verb)

If the arbitration tribunal considers it necessary to identify specialized issues, it may submit them to an identification agency agreed by the parties for identification; If the parties fail to reach an agreement or an agreement cannot be reached, it shall be appraised by an appraisal institution designated by the arbitration tribunal.

Six, withdraw the lawsuit

1. After receiving the written notice, the applicant refuses to appear in court without justifiable reasons or withdraws from court without the consent of the arbitration tribunal, which may be regarded as withdrawing the arbitration application.

2. Reconciliation and withdrawal. (Application for withdrawal)

Seven. Time limit for trial

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.

VIII. First implementation

1, condition: cases claiming labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; The rights and obligations between the parties are clear; Failure to implement it first will seriously affect the life of the applicant.

2. The application is executed first

judgement

I. Time limit for trial

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.

When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.

Second, the award should be executed first.

The arbitration tribunal may, at the request of the parties concerned, make a compulsory enforcement ruling on the case of claiming labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and transfer it to the people's court for enforcement.

If the award of the arbitration tribunal is executed first, the following conditions shall be met:

(a) the rights and obligations between the parties are clear

(2) Failure to implement it first will seriously affect the life of the applicant.

If the laborer applies for prior execution, he may not provide guarantee. Application and acceptance

1, mediation scope:

(1) labor relations confirmation dispute

(2) Due to the conclusion, performance, alteration, dissolution and termination of the labor contract.

(3) Disputes arising from delisting, dismissal, resignation and resignation.

(four) disputes arising from working hours, rest and vacation, social insurance, welfare, training, labor protection, etc.

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.

(six) other labor disputes as prescribed by laws and regulations.

2. Mediation organization:

(1) Enterprise Labor Dispute Mediation Committee

(2) Grassroots people's mediation organizations established according to law.

(3) Organizations established in towns and streets with the function of labor dispute mediation.

The enterprise labor dispute mediation committee consists of employee representatives and enterprise representatives. The representatives of the staff and workers shall be members of the trade union or elected by all the staff and workers, and the representatives of the enterprise shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a trade union member or a person recommended by both parties.

3. Application period:

When applying for mediation, the parties concerned shall, within 30 days from the date when they know or should know that their rights have been infringed, apply to the mediation committee orally or in writing, and fill in the Application for Mediation of Labor Disputes.

The application must meet three conditions: the applicant must have a direct interest in the dispute; There is a clear correspondence, that is, the applicant must explain with whom the dispute occurred and on which issues the dispute occurred; There are specific mediation requests, facts and reasons.

4. Review:

(1) Review whether the dispute applied for mediation belongs to labor dispute, if not, it will not be accepted.

(2) After receiving the mediation application, the mediation committee shall negotiate with the other party. If the other party is unwilling to mediate, it shall make records and notify the applicant in writing within 3 days.

(3) The mediation committee will not accept the arbitration award or court judgment, and inform the parties to handle it according to the complaint.

Reason. The mediation committee shall, within 4 days, make a decision on whether to accept the case notice or not to accept the application notice. If the case is not accepted, it shall explain the reasons to the applicant.

Investigate and verify

When deciding to accept a case, the labor dispute mediation organization shall promptly assign mediators to conduct a comprehensive investigation and verification of the disputed matters, and make a record of the investigation, which shall be signed or sealed by the investigators.

The investigation work generally includes:

(1) Find out the basic facts of the dispute, namely the cause, development process and focus of the labor dispute.

(2) Understand the labor laws and regulations related to the dispute and the provisions of the labor contract, so as to provide an accurate legal basis for judging the merits of the dispute and determining the responsibilities of the parties.

(3) Make a comprehensive analysis of the materials obtained from the investigation, identify right and wrong in combination with the relevant provisions of labor laws and regulations, analyze the respective responsibilities of both parties, and formulate mediation plans and mediation opinions.

(4) Convene a meeting of mediators, report the investigation, discuss and determine the mediation plan, and determine the mediation opinions on the basis of unified understanding. My opinion on labor dispute mediation

(5) Appoint members of the mediation committee to talk with the parties to the labor dispute, publicize the relevant labor laws and regulations, put forward the requirements of treating mediation correctly, and do a good job in the patient and meticulous ideological work of the parties by publicizing legal knowledge, so as to lay a good ideological foundation for mediation.

Organize mediation

Mediation procedure:

(1) The clerk reports the attendance to the meeting host.

(2) The meeting moderator announced the beginning of the meeting, and read out the disputed matters applied for mediation, the meeting discipline and the attitude that the parties should adopt.

(three) to listen to the statements and opinions of the parties to the dispute, ask about the case and find out the facts.

(4) Announce verification and mediation opinions and solicit opinions from both parties.

(5) According to the facts, laws and labor contracts, urge both parties to reach an agreement through consultation. Whether an agreement is reached or not, it should be recorded and signed by the parties after verification.

End of mediation

The specific ways to end mediation include:

(1) Both parties shall coordinate by themselves. In the process of mediation or arbitration, if both parties reach an agreement through negotiation, the labor dispute mediation shall be terminated.

(2) the parties withdraw the application for mediation. In the process of mediation, if the parties withdraw the application for mediation, the mediation committee shall allow and terminate the mediation; The parties refused to mediate. In the process of mediation, the parties have the right to refuse mediation. At this point, the mediation committee should respect the rights of the parties and terminate the mediation.

(3) The parties reach a mediation agreement. If a mediation agreement is reached through mediation, a Mediation Agreement shall be made, and all parties shall consciously perform it; The parties fail to reach a mediation agreement within the statutory time limit.

(4) The mediation committee shall end the labor dispute mediation within 30 days from the date when the parties apply for mediation. If the expiration is not over, it shall be regarded as a failure of mediation. If mediation fails, a written record shall be made to explain the situation in the mediation opinion, which shall be signed and sealed by the director of the mediation Committee and stamped with the seal of the mediation Committee. The mediation agreement is made in triplicate (one for each party to the dispute and one for the mediation committee).

Legal basis:

People's Republic of China (PRC) social insurance law

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.