If the company does not pay social security and does not sign a contract, how can workers protect their rights?During the illness of the employee, who will bear the five insurances and one housing fund?Can an injury caused by work beyond the scope agreed in the labor contract be recognized as a work-related injury......
Recently, village (resident) legal counsel in Xiang'an District have received a lot of inquiries related to labor disputes. When encountering these labor disputes, how should you protect your legitimate rights and interests?Let's take a look at how village (resident) legal counsel solves problems for workers.
If the company does not pay social security, how can workers protect their rights?
Recently, Ms. Wang, a resident of Fengxiang Street in Xiang'an District, has been worried. She worked for a private company, but the company did not pay her social security or sign an employment contract with her. Ms. Wang inquired and said what should I do in this situation?
Lawyer Lin Bingzhe, the legal counsel of the village (resident), said that according to the provisions of the Labor Contract Law, it is necessary to sign a written labor contract and pay social security to establish a labor relationship. Ms. Wang's company did not sign a written labor contract with her, and she was required to pay double wages from the second month to the 12th month in accordance with the law. Ms. Wang can file a complaint with the Labor Inspection Brigade or apply for labor arbitration.
During the illness of the employee, who will bear the five insurances and one housing fund?
Recently, Mr. Zheng, a resident of Dadeng Street, Xiang'an District, consulted that during the illness of employees, how to calculate the medical wages paid by enterprises to employeesIn addition, the cost of five insurances and one housing fund during the medical treatment period shall be borne by the individual or the unit
In this regard, lawyer Wang Zhixiang, the legal counsel of the village (resident), replied that the salary during the medical treatment period shall not be less than 80% of the minimum wage, and the individual part of the five insurances and one housing fund during the medical treatment period shall still be borne by the individual.
Is an injury at work "out of scope" considered a work-related injury?
Not long ago, Mr. Guo, a resident of Jinhai Street, Xiang'an District, suffered a misfortune and was unfortunately injured while working outside. He was injured while engaging in work beyond the scope of the employment contract, and although it was beyond the scope of the employment contract, he was still serving the employer. Mr. Guo inquired whether this situation could be regarded as a work-related injury
Lawyer Zhang Zhenghong, the legal counsel of the village (resident), believes that if an employee is injured by engaging in work beyond the scope of the labor contract during working hours and in the workplace, it should be recognized as a work-related injury. According to Paragraph 1 of Article 14 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident during working hours and in the workplace due to work-related reasons, it shall be deemed to be a work-related injury. Workers can apply for a work-related injury determination.