The trap of social security pay
Trap one: Become a full member ability capture social security
Unit because of probation, do not be employee pay social security, is this lawful?
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Basis " social insurance law " and " regulation of housing accumulation fund " regulation, the enterprise must give a worker pay sufficient " 5 danger one gold " , namely insurance of endowment insurance, medical treatment, unemployed insurance, inductrial injury insurance, birth insurance and housing accumulation fund.
? When enterprise and worker sign a contract, work reward, society is sure to wait to belong to the necessary clause of labor contract. " labor contract law " the 19th the 4th section provision, probation should include to agree the same term in labor in, that is to say, the enterprise also must be employee pay social security between probation.
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Trap 2: Employee is abandoned automatically protect
There is some of company nowadays first, a written consent can be issued in employee of the requirement when signing labor contract with employee, mention expressly in affirmatory book: Employee abandons this company be gold of insurance of its pay society of one's own accord, the company regards the component of salary as social insurance gold, pay employee directly.
? This is to break the law and unreasonable, according to " social insurance law " " labor contract law " relevant provision, unit of choose and employ persons and laborer must attend social insurance lawfully, gold of pay society insurance. Attend a society to be sure for laborer and lawfully the law that gold of pay society insurance is unit of choose and employ persons defines Wu, this obligation cannot be changed through the agreement by unit of choose and employ persons and laborer or abandon.
