Materials required for complaint:
1, employee visit registration form; If the employee complains, it shall be filled in by the employee himself; If an employee complains by telephone, letter (letter) or e-mail, the employee shall fill in the complaint form according to the content.
2. A copy of the employee's valid ID card (original inspection);
3. Proof of employee's labor relations (such as labor contract, work permit, work card, factory label, payroll (sheet), employment filing certificate, punishment certificate, dismissal notice or dismissal certificate/dissolution (or termination) of labor relations, etc.). )
4. Original proof of wage income (such as the running list confirmed by the bank seal and the payroll confirmed by the employer seal);
5, entrust others to complain, submit the original power of attorney, a copy of the client's ID card (original inspection); The power of attorney shall be signed by the employee himself, and the entrusted matters and authority shall be specified at the same time.
First, the basis of law.
Article 58 of the Social Insurance Law of People's Republic of China (PRC) stipulates: "The employing unit shall handle social insurance registration for employees within 30 days from the date of employment."
It is not a negotiable issue for the insured unit to handle the insurance formalities for employees according to law and pay social security fees for employees. Once the labor relationship is established, the employer must insure the employees according to law! Participating in social security is the obligation and right of employers and individuals, and both parties must abide by and bear it.
Interpretation: According to the regulations, the unit should go through the social insurance procedures for employees and pay social insurance premiums for employees, and the part borne by individuals will be withheld and remitted by the unit from my salary. Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as a proof of the formation of labor relations between employees and units. According to the Labor Contract Law, Social Insurance Law and other relevant laws, as long as there are labor relations, enterprises should handle social security for employees.
For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc. Once the unit fails to apply for social security, it can complain to the local labor department, and the government department will conduct inspection and supervision and order it to pay back the employee social security. "According to the Labor Contract Law, if a company does not pay social insurance premiums for its employees, it may terminate the labor contract and pay economic compensation."
Two, a dispute with the unit, apply for arbitration.
The limitation period for applying for arbitration of labor and personnel disputes is generally one year. It shall be counted from the date when the parties know or should know that their rights have been infringed.
If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the one-year arbitration limitation period; However, if the labor relationship is dissolved, it shall be proposed within one year from the date of dissolution of the labor relationship.
Three, the unit has not signed a labor contract, you can confirm the labor relationship with the employer.
If the employer and the employee have not concluded a written labor contract, they can refer to the wage payment voucher, the work permit and the service certificate issued by the unit to the employee to determine whether there is a labor relationship. Because this work involves many laws and regulations, the situation is complicated and needs specific research. Please contact the Labor Supervision Bureau of the Municipal People's Social Security Bureau 2 189275 offline, so that our bureau can investigate and verify and safeguard the legitimate rights and interests of workers.