The pay issue of social security, be widespread presence all the time, had produced dispute of a lot of labor. In light of the case that has seen from me, do not give employee pay completely the company of social security commonly, it is the plant with the hardest work, without what technology content, profit does not have so high small company. What exist generally additionally is, the social security of pay of lowermost standard full specified amount that did not provide according to place, this kind is a few dimensions more a little a bit bigger company, but it is so good that benefit is done not have.
The company does not give pay social security, social security of pay of not full perhaps specified amount, can apply for to remove labor contract, ask company pay social security is mixed is to oneself labor compensated? Say a case first.
Small beautiful the section of the market of a company that is in Tianjin works, monthly pay 5000, work one year half hind, the lowermost level pay that one gold does not have the 5 a place difficult of access that ability consciousness company gives him pay to set according to place, and the first month did not give him completely pay social security. Offer resignation then, the requirement is complemental and safe gold, give oneself compensation according to legal provision. The company should not agree small beautiful requirement, then small beautiful to local labor arbitral branch applies for the arbitration, a month comes down, arbitral appoint do not grant to support small beautiful total position. Small beautiful refuse to obey, will sue a court. The society that court of first instance thinks the company does not give employee intentionally provision of law of pay of full specified amount is safe, belong to not lawfully the case of pay society insurance premium. Supported small beautiful full request.
The company refuses to obey, then appeal arrives 2 careful court. But 2 careful court maintains original judgement finally. The company should give not only finally small beautiful social security of pay of full specified amount, and still have pay the economy of near 20 thousand compensation.
According to " labor contract law " regulation, not was insurance premium of worker pay society lawfully, employee can resign, and unit of choose and employ persons ought to pay economy compensation to laborer. But, to the law unscramble, every area has different the view that see, because of the law point out not clearly, deficit pay social security, employee can ask to compensate.
For instance Beijing tall courtyard sets, a place difficult of access that unit of choose and employ persons did not provide by this city is planted, for worker pay social security, laborer requests what labor contract asks unit of choose and employ persons pays economy to compensate gold to remove, but laborer in order to servantchoose a person for a job the unit requests what labor contract asks unit of choose and employ persons pays economy to compensate gold to remove for pay of not full specified amount or insurance premium of the society that owe pay, do not grant to support.
So your company did not give you social security of pay of full specified amount, you want to resign accordingly, ask pay of full specified amount is mixed of filling indemnity, want to see the case of him place likeness, see view courtyard how adjudicate. Perhaps arbitrate to local labor the branch asks.
If the company does not give you completely pay social security, for instance factory of a few coolie, actually if set strictly according to law amount, it is worker pay social security, the factory can close down probably. Go sueing to the court, forensic may not can support. This kind of circumstance is about oneself are measured, it is to leave to still continue to work to live. The hardship of the life can oneself choose.
Greeting illicit is believed or leave a message in comment place advisory law problem
