Job Recruitment Website - Social security inquiry - Can you win if you haven't paid social security for twelve years?
Can you win if you haven't paid social security for twelve years?
Employees who have not paid social security can report the situation to the labor administrative department and pay social security through the supervision units of relevant departments. At the same time, employees can propose to terminate the labor contract, demand certain economic compensation, or bring an arbitration lawsuit.
1. Labor Contract: If the unit fails to sign a labor contract according to law, it can complain to the labor inspection department. There is no double wage compensation for signing a labor contract, because it is far beyond the time limit for arbitration, and it can no longer be claimed.
Second, social security: if the unit fails to handle social security for you and fails to pay social security fees according to law, you can complain to the social security administrative department, which will order the unit to handle it according to law.
Three: If the unit fails to sign a labor contract and pay social security for you according to law, you can resign and ask for economic compensation and pay social security. However, if you want to resign, you should notify the employer in writing one month in advance.
If the unit has stopped work and started demolition, you can resign in time and ask for economic compensation and pay back or pay social security fees. As for whether the arbitration can be successful, it depends on whether the evidence you provide is strong and whether it belongs to the labor relationship with the unit. There are uncertain factors that affect the final result in arbitration and litigation.
1. The labor contract concluded between the employer and the employee shall include social insurance clauses. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the contract, and the employer shall pay the employee economic compensation.
2. Can negotiate with the employer; If a labor dispute arises due to social insurance, and the parties are unwilling to negotiate, the negotiation fails or the settlement agreement cannot be fulfilled, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration.
Legal basis:
Social insurance law
Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
labour law
Article 100th If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee.
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