It should be said that the company treats Wang Qiang well, but Wang Qiang is still worried. Although the companys scale is not small, its internal management is not standardized. Some employees go on duty without signing contracts, and they do not pay social security. For this reason, Wang Qiang has asked manager Liu many times. Manager Liu always replied with a smile: you should do it first, and then sign up for it.
In this way, after a years hard work, Wang Qiang is more mature, and is favored by other communication companies, offering a higher annual salary. Finally, Wang Qiang submitted his resignation to the company.
Xiaoli, Wang Qiangs girlfriend, thought it was not right. She told Wang Qiang, you have worked in this company for a year and a half, but the company has not signed a written labor contract or paid social security. Based on these two points, the company should also bear the corresponding responsibilities.
Wang Qiang, encouraged by his girlfriend, went to manager Liu to talk about the compensation. This time, manager Liu was not polite and said angrily, we are a private enterprise. The former employees did not sign a written labor contract. If you need it, we can sign it again. In addition, the company only pays social security to a few senior employees, and many employees are not willing to pay social security, because social security is divided into two parts, one is the company pays 20% of employees wages, the other is deducted by 8% of employees personal wages. If the company pays social security to employees, the cash income of employees will be reduced immediately. We respect the wishes of the staff.
Manager Lius words sound reasonable, but when Wang Qiang came home, he thought more and more about it. He went to consult a lawyer.
After hearing Wang Qiangs narration, the lawyer solemnly told him that any employer should sign a written labor contract with the employee and pay social security according to the regulations. Contracts and social security should be the same. Otherwise, they infringe on the legitimate rights and interests of workers.
Wang Qiang finds the company again. Manager Liu hears Wang Qiangs statement of interests. He changes his old look and seriously says, the companys leaders will discuss it again and give you a reply within two days.
The next day, Wang Qiang was informed by the company that he had agreed to pay social security from August last year and the compensation equivalent to twice his salary from August last year to July this year.
Lawyers comments: the main legal issue involved in the story is the legal consequences of the employers failure to sign a labor contract.
According to the law: to establish labor relations, a written labor contract shall be concluded. If the employing unit fails to conclude a written labor contract with the laborer within one year from the date of employment, it shall pay the laborer twice the monthly wage. If an employer fails to enter into a written labor contract with the employee for more than one month and one year from the date of employment, it shall be deemed that the employer has entered into an indefinite term labor contract with the employee, and shall pay twice the wage to the employee as of the date of establishment of the indefinite term labor contract.
After Wang Qiang in this story arrives at a private communication company, except that the labor contract law is not applicable to the internship training, he should sign a labor contract from July when he officially takes the post. However, after more than a year, the company still has not signed a written labor contract with Wang Qiang, so it can be regarded as having entered into a labor contract with no fixed term. In the face of the companys inaction (including the extended non payment of social security fund due to non signing of labor contract, etc.), Wang Qiang has the right to require the company to fulfill the responsibility of paying social security and double wage compensation in accordance with the law.