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    Deceive Laborers To Commit Social Security Violations

    2016/2/23 21:55:00 28

    DecoyLaborerPromise

    In October 2013, Wang found a good job at a job fair held in a talent market, and worked as a warehouse keeper for a equipment sales company.

    On the first day of reporting to the company, the executive leaders took out a description of the situation and signaled to Wang to sign.

    The note reads: "do not require companies to pay social insurance premiums for themselves, and voluntarily give up the right."

    The explanation of the company is that it is too much trouble to pay the premium. The company pays the money in the form of "subsidy".

    staff

    This is more economical.

    Wang didn't think much about signing it.

    Recently, Wang filed a lawsuit with the local court, demanding the lifting of the labor relationship with the company, and requiring the company to bear the liability of compensation for the loss caused by the unpaid social insurance premiums.

    The court supported Wang's petition.

    Comment: as

    Employing unit

    A sales company of a device shall pay social insurance premiums for its employees according to law.

    However, the company has seized some workers' weakness or ignorance of the law, and has given the workers the opportunity to sign the statement on the basis of the "subsidy" and pay the employees much less than the company's social security premiums.

    Legal responsibility

    When a laborer finds his legitimate rights and interests infringed upon, he may claim the right to the employer at any time, or complain to the social security department, the labor supervision department and other units through the administrative procedure, urges the employer to make up the social insurance premium, or through judicial proceedings, he can bring a lawsuit to the people's court under the condition that he can not pay the case, and requires the employer to bear the liability for compensation.

    As for the unilateral statement that the employer has decoy the laborer to write down such a statutory right, such as a case description, such a statement should be deemed invalid as a violation of the law.

    Related links:

    According to the relevant provisions of the labor law, the current holiday system includes public holidays, statutory holidays, family visit leave, annual leave and vacation due to professional characteristics or other special needs, such as maternity leave, marriage leave, work-related injury leave, etc.

    Under the current system, all vacations are paid on a daily basis.

    According to statistics, the average annual rest days of our employees are 125 days (statutory holidays 11 days, weekly rest days 104 days, and workers' paid annual leave averages 10 days), which have exceeded 1/3 of the whole year, reaching the level of moderately developed countries.

    According to a previous survey conducted by people's daily, the number of days of statutory holidays in China is close to the world average, but the number of days of paid annual leave is quite different from that of the world average.

    To this end, relevant departments in recent years continue to improve paid leave regulations.

    The outline of the National Tourism and leisure program of the State Council put forward the goal of nationals paid leave before 2020.

    Li Jin, director of the National Tourism Administration, said at the "National Tourism Conference 2016" that in 2016, employees will be promoted to improve their vacation security measures for private non enterprise units and self-employed industrial and commercial units. The supervision and inspection of the implementation of paid annual leave should be strengthened; and local enterprises and institutions should be promoted to ensure that employees can take peak vacation and flexible rest to explore the "2.5 Day vacation mode" in the summer under the premise of ensuring 40 hours per week of legal work and no influence on citizens' work.


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