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Can social security compensation be compensated with double pay?
Labor contract law:
Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 10 To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.
Detailed rules for the implementation of the Labor Contract Law:
1. "One month" in Articles 10, 19 and 82 of the Labor Contract Law refers to 30 days.
2. The employer shall conclude a written labor contract within +0 months from the date of employment. If a written labor contract is concluded from the second month to 12 months, the employer shall pay the employee twice the monthly salary. Starting from the twelfth month, it is deemed that an open-ended labor contract has been concluded with employees, and double wages are no longer paid. If the labor contract is not renewed at the expiration of the labor contract, and the laborer continues to provide labor for the employer, the above provisions shall apply.
3. Item 3 of Article 38 of the Labor Contract Law refers to "failing to pay social insurance premiums for workers according to law". Opinion 1: refers to the behavior that the employer has never paid social insurance premiums; Opinion 2: refers to the employer's failure to pay social insurance premiums; Opinion 3: refers to the behavior that the employer fails to pay the social insurance premium in full; Opinion 4: It means that the employer fails to pay social insurance premiums according to the prescribed insurance types; Viewpoint 5: Including all the above behaviors.
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