Because I didn't go to work for two months on a business trip, the unit refused to pay social insurance for me. Is this reasonable? Seek relevant laws and regulations?

Hello, I just read your news. Sorry, I was busy just now.

From what you said, I think it is the labor problem of most workers there. Let me give a brief answer first. If you are not sure, you can ask questions.

First of all, it is clear that the behavior of the factory violates the "Labor Contract Law" and other relevant laws and regulations, and workers can take the form of complaints and arbitration to solve it.

The state practices that the working hours of laborers shall not exceed eight hours a day and forty-four hours a week, and any overtime is overtime. In case of overtime work, the employing unit shall pay overtime pay to the laborer, and the standard of overtime pay is as follows according to the Labor Law: Article 44 In any of the following circumstances, the employing unit shall pay wages higher than the normal working hours of the laborer according to the following standards:

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

Laborers can calculate overtime hours according to their actual working conditions and ask the employer to pay overtime wages. The specific amount of overtime pay shall not be lower than the corresponding overtime ratio. If the unit's overtime cost is lower than the law, it shall pay overtime pay according to law.

In addition, the company's compulsory overtime violates the provisions of Article 41 of the Labor Law: the employer may extend the working hours after consultation with the trade unions and laborers due to the needs of production and operation, and generally the working hours per day shall not exceed one hour; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.

So for example, if you have to work 150 hours a month, this is seriously beyond the law, and the unit is not allowed to fine the workers for not working overtime. You can ask the factory to refund the fine.

The exchange of working hours is legally allowed, but there are conditions: the unit that arranges workers to work on rest days should arrange compensatory rest, as you said, it is ok to rest on Thursday and Friday and go to work on Saturday and Sunday. This unit can easily prove this.

So you can complain or arbitrate on the grounds that overtime hours are too long and overtime wages are too low.

At present, many companies' payslips are very simple, only a few simple salary figures can be written, and even the official seal will not be stamped. There is no mandatory requirement by law that payslips must be standardized. However, this paycheck can be used as evidence for arbitration. Proof is also very strong if it is accompanied by relevant salary proof. I simply recommend several items to you as proof of salary: salary slip, audio and video recording of talking with unit leaders about salary, bank card, labor contract, etc.

As for your resignation, it is mandatory by law. During the probation period, employees can resign three days in advance, and regular employees can terminate their labor contracts 30 days in advance. Moreover, after the employee resigns, the employer must settle the employee's salary, economic compensation, overtime and other expenses, and shall not default. Simply put, employees can apply for resignation 30 days ago, and remember to keep the evidence of resignation. After 30 days, employees can leave their jobs regardless of whether the employer agrees or not, and there is no need to pay any economic compensation to the unit. As you said, in your company, you are not afraid that the company will not approve employees to resign. Employees only need to notify the employer to resign 30 days in advance, and they can leave directly after 30 days. As for the deduction of wages, it should be paid in full, and economic compensation can also be sought. Besides, I didn't see your question about social insurance. If the unit fails to pay social insurance for you, you can ask the unit to pay social insurance premiums. Workers' wages are not allowed to be deducted arbitrarily!

You have been working for four months. If no labor contract is signed, the employer may be required to pay twice the monthly salary. Pay overtime, pay one month's economic compensation (that is, two and a half months' economic compensation) to pay back insurance, etc.

Dongguan Labor Bureau Website:

1, hotline service: 12333

2. Dongguan Social Security Bureau (Social Insurance Fund Management Center) website:

Dongguan Labor Inspection Department (with the brand of the Municipal Labor Inspection Brigade) (Tel: 222036 12)

Exercise the power of labor administrative supervision and inspection according to law, and supervise and inspect the implementation of labor laws and regulations; Supervise the implementation of the working hours, rest and vacation system of enterprise employees and the special labor protection policies for female employees and underage employees according to law; Organize the investigation and handling of labor violation cases, and deal with mass emergencies in labor relations; Responsible for the annual review of enterprise labor; Responsible for the work of labor law popularization.

Link:

The above is the contact information provided by the Labor Bureau. You can directly call the regulatory authorities to complain, or you can call the hotline for consultation.

The website provided by the Social Security Bureau can be used to check your social security payment. If the company fails to pay insurance for its employees, you can complain, ask the company to make up the insurance, or ask if there are any related insurance problems.

Housing provident fund must also be replenished to employees!

If you don't understand, you can ask again