1. How to protect your rights if you have not signed a labor contract and have not purchased social insurance
First, according to the provisions of the Labor Contract Law, if the employer seriously violates the law, it must pay double wages and pay back the social security provident fund, and the employee has the right to immediately terminate the labor contract and claim compensation. Third, the evidence that the worker should submit, first, the salary slip, it is best to take this, the first is valid, according to the judicial interpretation of the Labor Contract Law, second, the bank card for the payment of wages for half a year, go to the bank to call, if the cash is forgotten, third, the business card work email screenshot, the work email screenshot, the company's work documents, etc., the fourth, the witness fifth, the mobile phone call record, these are not thereIt's okay to have none!Directly, the labor arbitration requires the unit to provide evidence, such as punch records, salary schedules, and if there is no evidence, you can wait for the labor inspection brigade to enforce the law first, and use the punishment results of the labor inspection brigade as evidence.
2. What should I do if I sign a labor contract but the company does not pay social security?
Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. Based on the above, how to protect your rights if you have not signed a labor contract and have not purchased social security?It still depends on where the worker works, if it is a large company, the worker can win if it is a labor bureau, if it is only a unit, there may be no certainty of winning, so we must ask these details before doing the work, so as not to cause unnecessary trouble at that time.