How to claim without social security for one year?

The compensation measures for one year without social security are as follows:

1. Negotiation with the employer: employees can negotiate with the employer and ask the employer to give corresponding compensation. It is suggested that you know the relevant local laws and regulations and the compensation standards and ways before the negotiation, so as to better safeguard your rights and interests.

2. Apply for labor arbitration: If negotiation with the employer fails, the employee may apply to the local labor arbitration institution for arbitration. In the process of arbitration, employees need to provide evidence to prove that the employer has not paid social insurance premiums for them in accordance with the regulations. The arbitration institution will make an arbitration decision in accordance with relevant laws, regulations and facts, and require the employer to make compensation according to regulations.

3. Bring a lawsuit: If the employee refuses to accept the arbitration result, he can bring a lawsuit to the people's court and demand compensation from the employer. In the course of litigation, employees need to provide evidence to prove that the employer has not paid social insurance premiums for them in accordance with the regulations. The court will make a ruling according to relevant laws, regulations and facts, requiring the employer to make compensation according to regulations.

Information required for prosecution without social security is as follows:

1. labor contract: provide the labor contract signed by both parties, which shall include the work content, work place, working hours, salary and social insurance, etc.

2. Salary certificate: it is necessary to provide salary certificate to prove the payment of salary during work, including payment time and actual salary amount.

3. Identity proof: Identity proof is needed to prove the identity and basic information of the plaintiff.

4. Work certificate: it is necessary to provide proof that the plaintiff works in the defendant company, such as the employment certificate and work permit issued by the company.

5. Relevant evidence: If there is other evidence to prove that the plaintiff has worked in the defendant company for one year but has not participated in social security, relevant evidence can be provided, such as work records, attendance records, work logs, etc.

To sum up, the standards and methods of compensation may be different in different regions and under different circumstances. Employees are advised to know the relevant local laws, regulations and policies, know their rights and ways, and seek professional legal advice and help before claiming compensation.

Legal basis:

Article 14 of People's Republic of China (PRC) Labor Contract Law

An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time. 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.