Uncover black heart boss only, expose to the sun only the factory that do not have fine, help the person that work only. I am date of today's top headlines " duty field is turned over black the first person " Zhu Guangbing. Right upper part of the week that ask a dot is gules " pay close attention to " , can help you in the future.
Social security gets stuck
Recently, a Hubei fellow-townsman was found through acquaintance " duty field is turned over black the first person " , he goes to work 12 years in the company, the boss does not agree to buy social security for him all the time, now, serious defect was gotten suddenly to lie on the bed in the father of cultivate land of rural native place, he must labour of the demit on the horse goes back take care of. He makes a boss right from already social security makes little compensation. The boss says however, think abdication writtens guarantee at once salary, social security does not have some filling.
Small make up through inquiring with center of seat social security, be informed location firm did not undertake fellow-townsman social security is registered and be declared really.
Later, in small those who make up inform against reach application arbitration to fall, place arbitrates the orgnaization gives a ruling: Pay 120 thousand yuan of economy to compensate gold.
Here, the operation point of the concerned item that the company does not give employee to buy social security to have claim for compensation is as follows:
The society is sure to be in
1, do not buy social security, the legal basis of employee claim for compensation:
Root Ju " labor contract law " the 38th regulation: The company does not give employee pay society assurance, employee has authority home remedy to remove labor contract (resign actively namely) .
2, do not buy social security, employee leaves his post the computational means of filling indemnity:
Root Ju " labor contract law " the 46th regulation with the 47th, employee does not make social security because of the company and resign, the company ought to pay economy to compensate gold to employee. Compensatory standard is the working fixed number of year that is in a company, every are full 1 year, compensate the salary of a month. Working fixed number of year resents one year for 6 months above, compensate a month, 6 months are the following, compensate half month.
Be like: Take a plant full 6 years 2 0 months, it is compensation namely: 6.5 monthly wages. Take a plant full 6 years 7 months, it is compensation namely: 7 monthly wages.
Employee handles social security
3, by the base standard of indemnity:
Amend golden standard, it is the average wage of before abdication 12 months, point to should send salary, included all sorts of answering to buckle should capture, if social security deducts all sorts of cost, allowance and bonus.
Among them: Monthly pay exceeds our region worker average wage of 3 times, according to 3 times computation, and compensatory fixed number of year does not exceed 12 years. For example, the average monthly pay of some manager is 50 thousand yuan, but average wage has worker of the year on our region only 6000 yuan, not be to press 50 thousand yuan to compensate so, be compensated however according to 18000 yuan, and compensation month cannot exceed 12 months.
If monthly pay does not exceed our region average wage 3 times, did not compensate the limitation of fixed number of year. For example, the length of service in our company is 20 years, ought to compensate 20 months and not be 12 months.
Social security serves the hall
4, the most crucial step gets together, special attention:
When leaving his post to the company, the reason that leave one's post, must make clear " department company breaks the law, do not buy a society to be sure to oneself " , must not write " individual reason ' . If do not show this account, perhaps did not withhold relevant testimony good, so possible by the company with " individual reason " leave one's post. And once be maintained to be " individual reason " those who leave one's post, after leaving one's post, be cannot break the law with the company again come your economy compensates date from gold.
This, also be the one action with commonly used classics of a lot of ministry of company human affairs: You want to resign, can, keep abdication sheet first, make clear above: Individual reason. Otherwise, the company is not dealt with to you leave one's post.
Duty field turns over black the first person: Zhu Guangbing
