How about going to the social security center to complain about
Publish: 2021-05-08 01:08:23
1. When you encounter this kind of thing, you should first discuss with the company. If the company explicitly tells you that it will not pay you social security, then you can ask the company to increase your salary and pay for yourself (flexible employment personnel, buy social security yourself). If that doesn't work, you should first improve the labor contract with the company. If there is no contract, you can't provide effective evidence to report. If you have evidence, then after the company is reported by you, the Labor Bureau (should be the human resources and Social Security Bureau and the United Taxation Bureau) will force the company to pay you a supplementary. But are you sure you can?
2. How long will the new company be established? Generally, a newly established company has not opened a social security account within a few months. If someone complains you that the company has just been established, all kinds of certificates are still being processed, and the social security account has not yet been opened, the Labor Bureau will understand. It's not a big problem.
3. Yes,
it's best to negotiate with the company. After all, you can keep your current job. If the negotiation fails, it's not too late to complain to the social security institution or even apply to the local labor arbitration committee for labor arbitration.
it's best to negotiate with the company. After all, you can keep your current job. If the negotiation fails, it's not too late to complain to the social security institution or even apply to the local labor arbitration committee for labor arbitration.
4. Social security for employees is a compulsory insurance of the state, and any unit or indivial must participate in it. In this regard, Article 72 of the labor law states that "the social insurance fund shall determine the source of funds according to the type of insurance, and graally implement social overall planning. Employers and workers must participate in social insurance according to law and pay social insurance premium. Therefore, it is illegal for the company not to pay social insurance for the workers according to the national regulations. Since you enter the factory, you have formed a de facto labor relationship with the company, and the unit should pay social security for you. Labor arbitration is the most effective legal remedy to protect rights and interests
as the legal relationship between the laborer and the employing unit is asymmetric, once the laborer proposes to participate in social security, the unit will threaten the laborer by dismissing him or smashing his job, forcing the laborer not to mention it again, and the means are despicable
from the perspective of putting yourself in the shoes of workers, you can complain to the labor and social security supervision department or the competent government department in the place where the company is located, and ask for intervention and investigation, so as to solve the problem of participating in social insurance without being persecuted by the company. The basic processing channels are: 1. Negotiate with the unit, if the negotiation is fruitless; 2. Go to the labor and social security center of your unit's village committee to make a complaint, and if it is fruitless
3. You can complain to the labor supervision department of the Labor Bureau of the city where your unit is located
4. If the Labor Bureau arranges relevant personnel to mediate and fails, you can apply for labor arbitration
5. According to the situation of labor arbitration, you can apply to the court for enforcement The premise is: if the enterprise loses the lawsuit, it will not do the above within 15 days)
special reminder: if you go to complain, you must provide your relevant certificates, such as payslip, work card, time card, etc
this is the proof of your identity. Now it doesn't cost much to ask for labor arbitration. You can ask for arbitration.
as the legal relationship between the laborer and the employing unit is asymmetric, once the laborer proposes to participate in social security, the unit will threaten the laborer by dismissing him or smashing his job, forcing the laborer not to mention it again, and the means are despicable
from the perspective of putting yourself in the shoes of workers, you can complain to the labor and social security supervision department or the competent government department in the place where the company is located, and ask for intervention and investigation, so as to solve the problem of participating in social insurance without being persecuted by the company. The basic processing channels are: 1. Negotiate with the unit, if the negotiation is fruitless; 2. Go to the labor and social security center of your unit's village committee to make a complaint, and if it is fruitless
3. You can complain to the labor supervision department of the Labor Bureau of the city where your unit is located
4. If the Labor Bureau arranges relevant personnel to mediate and fails, you can apply for labor arbitration
5. According to the situation of labor arbitration, you can apply to the court for enforcement The premise is: if the enterprise loses the lawsuit, it will not do the above within 15 days)
special reminder: if you go to complain, you must provide your relevant certificates, such as payslip, work card, time card, etc
this is the proof of your identity. Now it doesn't cost much to ask for labor arbitration. You can ask for arbitration.
5. Yes, but if you want to solve it and solve it as soon as possible, you can go through labor arbitration through legal channels. Apply for arbitration to the local labor arbitration committee where the unit is located, and put forward the personal claim that the unit should make up for and pay social security.
6. Is to go to the court to apply for compulsory execution, so that the court forces the unit to pay social security
if the company files an appeal, it has to wait for the result of the second instance before it can apply for compulsory execution or report it to the Labor Supervision Brigade of the Ministry of human resources and social security of the district and county where it is located and the social security department. The second instance will also uphold the original ruling and reject the appeal. In this case, the unit must lose
if the case fails in the second trial, go to the Labor Supervision Brigade in your district. Because the company filed an appeal against the first instance judgment of the court, so the first instance judgment did not take effect, so it could not apply for enforcement. If the court of second instance maintains the judgment of the first instance, that is, wins the case, it can file a compulsory execution to the court of first instance.
if the company files an appeal, it has to wait for the result of the second instance before it can apply for compulsory execution or report it to the Labor Supervision Brigade of the Ministry of human resources and social security of the district and county where it is located and the social security department. The second instance will also uphold the original ruling and reject the appeal. In this case, the unit must lose
if the case fails in the second trial, go to the Labor Supervision Brigade in your district. Because the company filed an appeal against the first instance judgment of the court, so the first instance judgment did not take effect, so it could not apply for enforcement. If the court of second instance maintains the judgment of the first instance, that is, wins the case, it can file a compulsory execution to the court of first instance.
7. Useful, can complain< If the employer fails to pay or make up the social insurance premium within the time limit, the social insurance premium collection institution can inquire the bank and other financial institutions about its deposit account
2. It can also apply to the relevant administrative department at or above the county level to make a decision on the allocation of social insurance premium, and notify its bank of deposit or other financial institutions in writing to allocate social insurance premium
3. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency can require the employer to provide a guarantee and sign a deferred payment agreement
4. If the employer fails to pay the social insurance premium in full and provide guarantee, the social insurance premium collection institution can apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premium, and use the auction proceeds to offset the social insurance premium.
2. It can also apply to the relevant administrative department at or above the county level to make a decision on the allocation of social insurance premium, and notify its bank of deposit or other financial institutions in writing to allocate social insurance premium
3. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency can require the employer to provide a guarantee and sign a deferred payment agreement
4. If the employer fails to pay the social insurance premium in full and provide guarantee, the social insurance premium collection institution can apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premium, and use the auction proceeds to offset the social insurance premium.
8. 1. According to the social insurance law of the people's Republic of China:
Article 83 If the employer or indivial considers that the behavior of the social insurance fee collection institution infringes on his or her legitimate rights and interests, he or she may apply for administrative reconsideration or file an administrative lawsuit according to law
the employer or indivial can apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law when the social insurance agency fails to handle the social insurance registration, check and approve the social insurance premium, pay the social insurance benefits, go through the proceres of social insurance transfer and continuation, or infringe on other social insurance rights and interests
in case of social insurance disputes between indivials and their employers, they can apply for mediation, arbitration and litigation according to law. If an employing unit infringes upon an indivial's social insurance rights and interests, the indivial may also request the social insurance administrative department or the social insurance premium collection institution to deal with it in accordance with the law< Article 84 If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the employing unit shall be fined not less than one time but not more than three times the amount of social insurance premium payable, and the person in charge and other persons directly responsible shall be fined not less than 500 yuan but not more than 3000 yuan< Article 85 If an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be dealt with in accordance with the labor contract law of the people's Republic of China
Article 86 If an employer fails to pay the social insurance premium in full and on time, the social insurance premium collection institution shall order it to pay or make up for it within a time limit, and from the date of non payment, an additional fine of 0.05% per day shall be charged; If it still fails to pay within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
Article 83 If the employer or indivial considers that the behavior of the social insurance fee collection institution infringes on his or her legitimate rights and interests, he or she may apply for administrative reconsideration or file an administrative lawsuit according to law
the employer or indivial can apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law when the social insurance agency fails to handle the social insurance registration, check and approve the social insurance premium, pay the social insurance benefits, go through the proceres of social insurance transfer and continuation, or infringe on other social insurance rights and interests
in case of social insurance disputes between indivials and their employers, they can apply for mediation, arbitration and litigation according to law. If an employing unit infringes upon an indivial's social insurance rights and interests, the indivial may also request the social insurance administrative department or the social insurance premium collection institution to deal with it in accordance with the law< Article 84 If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the employing unit shall be fined not less than one time but not more than three times the amount of social insurance premium payable, and the person in charge and other persons directly responsible shall be fined not less than 500 yuan but not more than 3000 yuan< Article 85 If an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be dealt with in accordance with the labor contract law of the people's Republic of China
Article 86 If an employer fails to pay the social insurance premium in full and on time, the social insurance premium collection institution shall order it to pay or make up for it within a time limit, and from the date of non payment, an additional fine of 0.05% per day shall be charged; If it still fails to pay within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
9. If the employer fails to pay the social security in accordance with the law, it shall make up the payment for the laborer in accordance with the law
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