The company did not sign a labor contract did not buy social security how to compensation

The company did not sign a labor contract and did not buy social security, if the worker therefore proposed to terminate the labor contract, you can require the employer to pay two times the monthly wages, and require the payment of economic compensation. Economic compensation according to the number of years the laborer has worked in the unit, every full year to pay one month's salary to the standard laborers.

1. No contract needs to give double wages compensation.

2. Unpaid social security should let the enterprise to make up for the payment. The specific number of payments in accordance with the wages and national standards; if the Social Security Administration can not be compensated, converted into cash compensation. About 40% of the amount of wages;

3 . Compensation for years of labor; 1 month per year; because of the company's breach of contract; double the compensation.

If a company does not sign a contract, the first thing it faces is the penalty of double wages. Employers should sign labor contracts with workers from the month when the labor relationship is established. If it doesn't, double wages will be paid every month from the following month.

Double pay doesn't last long, only 11 months. When an employer establishes a labor relationship with an employee and does not sign an employment contract within one year, the employer is deemed to have signed an open-term labor contract. An open-term labor contract generally means that the employer cannot terminate the worker on the grounds that the contract has expired. If the worker's performance is qualified, without any, violation of illegal issues, the employer to terminate the need to pay double economic compensation damages. So the protection is very strong.

The employer did not pay social security to the employee, the employee can propose to terminate the labor contract, should be 30 days in advance. Active termination of the labor contract, the employee can also claim economic compensation. Economic compensation is usually paid at the rate of one month a year.

Additionally unpaid social insurance premiums have a labor inspection department to urge them to pay. The employer is also liable for a late payment fee of five ten thousandths of a percent per day when paying social insurance premiums.

So the penalty for not signing a labor contract and paying social security on time is very serious. But employees must take the initiative to go out and defend their rights. After all, there are places where the labor department can not monitor, as long as the employee provides clues, the labor department will defend the rights and interests of employees.

Legal basis

Article 37 of the Labor Contract Law: A worker may terminate a labor contract by notifying the employer in writing thirty days in advance. A worker may terminate an employment contract by giving three days' notice in advance to the employer during the probationary period.

Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall pay the worker two times the monthly wages.

If an employer violates the provisions of this Law and does not enter into an open-ended labor contract with a worker, the employer shall pay the worker two times the monthly wages from the date the open-ended labor contract should have been entered into.