[Case Description]
The employer does not handle the formalities of endowment insurance for migrant workers.
Xiao Zhao is a migrant worker who came to work in Beijing from rural Anhui. With his own skills, he was hired as a carpenter by a private decoration company. When Xiao Zhao negotiated with his boss to determine his salary before going to work, the boss told Xiao Zhao that they were a large formal company. In addition to wages, they also provide social insurance for employees. However, since Xiao Zhao's household registration is in Anhui, he can't work in Beijing all the time, and he will eventually go back to Anhui, so the company will no longer go through the formalities of endowment insurance for him, so the company will directly give him more 200 yuan money every month as endowment insurance premium. As for whether he can get insurance, it's up to him. Xiao Zhao thought for a moment and thought it was right. He not only paid the municipal premium, but also got more salary directly and deposited it in the bank later. He can also be used to support the elderly when he is old. Why not? So Xiao Zhao agreed to the boss's suggestion.
Three months later, Xiao Zhao met his hometown Hou Yaozong at the party. After listening to Xiao Zhao's introduction, Hou Yaozong advised Xiao Zhao not to do so, and asked the enterprise to handle social insurance such as endowment insurance for him. Xiao Zhao seriously considered Hou Yaozong's suggestion and thought that Hou Yaozong's suggestion was correct, because social security was established for the future. Therefore, Xiao Zhao came to the labor department of the enterprise and asked for the endowment insurance procedures and the establishment of endowment insurance files.
[case study]
Participating in endowment insurance is not only the obligation of employers, but also the obligation of migrant workers.
It is against the law that the employer does not provide endowment insurance for migrant workers, and claims that the endowment insurance premium will be paid directly to migrant workers in the form of wages. Migrant workers are part of urban enterprise workers. Although they do not have urban hukou, they should also enjoy the social security benefits that other urban workers can enjoy when working in cities and towns. On the day of employment, employers should not only sign labor contracts with migrant workers, but also go through social insurance procedures such as endowment insurance. Article 72 of China's Labor Law clearly stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.
This shows that participating in social insurance and paying social insurance premiums does not depend on where the employee's household registration is, nor does it depend on whether the employee was a farmer before. The key is to see whether the employer and the employee have established a labor contract relationship. At the same time, according to this regulation, it can be seen that participating in endowment insurance is not only the obligation of employers, but also the obligation of migrant workers. Rights can be waived, but obligations cannot be waived and should be fulfilled. It is also compulsory to apply for social insurance for migrant workers. Even if migrant workers want to give up, it is illegal to get paid directly.