Did your company buy you commercial insurance or employee social security?

Social insurance for urban workers includes five insurances and one gold, which is a complete whole of social security, including pension, medical care, maternity, unemployment, work injury and housing survival needs. Compared with other social insurance, its disadvantage is that it is expensive. We know that the main sources of social security funds are social security funds and financial subsidies. Personal social security contributions of employees account for about 10% of wages (excluding provident fund), but those paid by enterprises account for about 30% of wages, so welfare benefits are also the best.

First, what is employee insurance?

Social security for employees is mandatory by the state, and all units and individuals must participate. In this regard, "Labor Law" Article 72 "Social insurance funds shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. Therefore, it is illegal for companies not to pay social insurance for workers in accordance with state regulations. Since you entered the factory, you have formed a factual labor relationship with the company, and the unit should pay social security for you. Labor arbitration is the most effective legal remedy to safeguard rights and interests. Because the legal relationship between the employee and the employer is asymmetric, once the employee raises the issue of participating in social security, the employer will threaten the employee by dismissing and smashing the rice bowl. It is despicable to force the employee not to mention this matter again.

Second, you should buy five insurances within 30 days of joining the company.

The 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.

The probation period is no exception. You should also enjoy insurance during the probation period, because the probation period is an integral part of the contract period, and it is not isolated from the contract period. So you should also take out insurance during the probation period. In addition, it is the legal obligation of the enterprise to insure employees, which does not depend on the intention or will of the parties, even if the employees say that they do not need to pay insurance.

Third, commercial insurance cannot replace employee insurance.

Article 70 of the Labor Law stipulates: "The state develops social insurance, establishes a social insurance system and a social insurance fund, so that workers can get help and compensation in cases of old age, illness, work injury, unemployment and maternity." To this end, China has formulated many laws, regulations and policies such as the Interim Regulations on the Collection and Payment of Social Insurance Fees, and Shanghai has also formulated corresponding laws and policies to gradually improve the social insurance system. At present, social insurance in Shanghai mainly includes: endowment insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance, etc. In addition to industrial injury insurance and maternity insurance, pension insurance, medical insurance and unemployment insurance are shared by the state, enterprises and individuals. Migrant workers who come to Shanghai for employment can participate in social insurance as long as they have local household registration. If migrant workers establish labor relations with enterprises, enterprises must pay social insurance premiums for them, otherwise it is illegal. As for commercial insurance, although it is also a kind of welfare given to employees by employers, it is voluntary and different from social insurance.

Fourth, signing a labor contract without paying social security has no legal effect.

If the employer refuses to pay social security fees on the grounds that you have signed a labor contract, you can complain to the labor department or apply for arbitration or bring a lawsuit to the people's court, and the labor department or the people's court will support you. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.

5. Does the company not pay employee insurance for you?

Employers in enterprises must sign labor contracts for employees and pay various social insurance premiums, including endowment insurance premiums. If the enterprise does not sign a contract and pay the old-age insurance premium, the employee can complain and report to the labor inspection agency affiliated to the local labor and social security department, and ask it to help urge the enterprise to handle the insurance formalities for you and pay the old-age insurance premium. After receiving the report, the labor inspection department has the right to inspect the relevant enterprises, and if the problem is found to be true, it shall punish the enterprises that fail to pay the endowment insurance according to the regulations.

The intransitive verb warns you

Social insurance is a safe haven in a competitive society, which guarantees the survival rights of social members who are at a disadvantage due to physical factors, skills and other factors. Some people think they are young and don't pay attention to social insurance. They think it doesn't matter if employers don't buy insurance, as long as they pay more. Others think that it is better not to deduct insurance premiums, but to pay them as wages. As everyone knows, the accumulation of every penny is the guarantee of future life.