Job Recruitment Website - Social security inquiry - How does the factory compensate for not buying social security for ten years?
How does the factory compensate for not buying social security for ten years?
1. You can ask for supplementary social security during the labor relationship;
2. If the employee proposes to terminate the labor contract, he can ask the company to pay economic compensation.
Suggestions for factories not paying social security are as follows:
1, negotiate or negotiate with the company. If the work unit does not handle social insurance for employees, employees can report to the unit trade union and ask the trade union to come forward to negotiate with the management of the unit; If there is no trade union organization, employee representatives can directly negotiate and communicate with the company's top management;
2. Start labor arbitration. If no settlement can be reached through consultation with the company, it can be submitted to the local labor arbitration department for arbitration;
3. file a lawsuit. Refuses to accept the arbitration result, or the unit refuses to perform the arbitration decision, it may bring a lawsuit to the local people's court according to law;
4. At the same time, according to Article 38 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the workers according to law, the workers may terminate the labor contract and ask the employer to pay economic compensation. economy
To sum up, the compensation is paid to the employees according to the number of years they have worked in this unit and the standard of paying one month's salary for each full year. If the employer fails to pay social insurance premiums for the workers according to law, resulting in the workers being unable to enjoy social insurance benefits and suffering losses, the workers may also request the employer to compensate the losses in accordance with relevant laws and regulations. The labor bureau has a labor dispute arbitration court. After receiving the written application for labor arbitration from employees, the Labor Bureau will promptly form an arbitration tribunal to conduct arbitration within 60 days. This kind of arbitration is similar to court proceedings, which requires both parties to prove and dialectically, and finally the arbitral tribunal makes a final decision. For the arbitration of the Labor Bureau, the enterprise has the obligation to fulfill the relevant provisions.
Legal basis:
Article 82 of People's Republic of China (PRC) Labor Contract Law
Legal Liability for Failure to Conclude a Written Labor Contract If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
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