Unsigned labor contract does not pay social security how to deal with good

Question: how to deal with the unsigned labor contract and not pay social security?

Answer: In the case of not signing a labor contract and not paying social security, the first thing that needs to be clarified is that, according to the provisions of the "People's Republic of China *** and the State Labor Law" and the "People's Republic of China *** and the State Law on Labor Contracts", the employer should sign a written labor contract with the worker and pay social insurance premiums for the worker.

If an employer fails to sign a written labor contract with a worker, or fails to pay social insurance premiums for a worker according to the regulations, the worker can file a complaint or report to the local labor inspection department. The labor inspection department will investigate the employer and take appropriate measures to protect the legitimate rights and interests of workers.

If the worker has terminated the labor relationship with the employer, he or she can also apply for arbitration to the local labor dispute arbitration committee. During the arbitration process, the worker needs to provide relevant evidence to prove that the employer has not signed a labor contract or paid social insurance premiums. If the arbitration committee determines that the employer has violated the law, it will penalize the employer accordingly and require the employer to pay the worker's economic losses.

In summary, workers should take timely action to protect their legitimate rights and interests in the case of non-signing of labor contracts and non-payment of social security contributions. They can complain or report to the local labor inspection department, or apply for arbitration to the local labor dispute arbitration committee. At the same time, it is recommended that workers pay attention to retaining relevant evidence at work so that they can prove their rights and interests when needed.

Legal basis: The People's Republic of China **** and the State Labor Law, Article 16 stipulates: "The labor contract is an agreement between the worker and the employer to establish a labor relationship and to clarify the rights and obligations of both parties, which indicates that the worker and the employer have formally established a lawful and effective labor relationship." At the same time, Article 38 of the Labor Contract Law of the People's Republic of China*** and the State of China stipulates, "The employer shall pay social insurance premiums for the workers in accordance with the law."