Illegal Employment Is Not Corrected, And Workers Are Ordered To Be Ordered.

After many years of work, there is no labor contract, no social insurance premiums, overtime work and no overtime pay.

Faced with such an illegal enterprise, Mr. Chen had to come to the newspaper office for help.

According to Mr. Chen, he is a migrant worker and a porter in a company.

The work of the porter is very hard and the wages are not high, but because this is his first job after he came to Shanghai, he thought he had no education and technology, so it was a few years.

Apart from the low wages, some of the company's practices also made him unhappy.

He heard the townsman say that he entered the unit to sign the labor contract, but after he entered the company, the boss made an oral agreement with him on the number of wages, and what contract was not contracted, the company did not mention it at all.

Porters are manual workers, and there are inevitably some injuries. But the boss gives them half a day's leave, so that they can go to the hospital to see themselves, and they will not bear medical expenses.

These are all he can bear. What dissatisfaction him most is that he goes to work more than 8 hours a day. He has to rest at least one day a week. He has to work overtime on holidays. Besides the salary of more than 2000 yuan, the company has not paid a penny of overtime pay.

The problem is to put forward to the boss, he said, well said this treatment, want to do well, do not want to do away!

Shanghai red three rights law firm director Luo Qiang said, the company employment is indeed illegal, seriously violating the rights and interests of employees.

First of all, employment does not sign labor contracts.

The labor contract law clearly establishes a written labor contract for the establishment of labor relations.

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

If the employer fails to conclude a written labor contract with a worker for more than a month after he has been employed for more than one month, he shall pay the laborer two times the monthly salary.

If the employer fails to conclude a written labor contract with a worker for one year from the date of his employment, he shall be deemed to have entered into an unfixed term labor contract between the employer and the employee.

Secondly, pay no social security.

According to the regulations, the unit has the obligation to pay social insurance premiums for employees.

Moreover, workers and staff members enjoy social insurance benefits in accordance with the law and have the right to supervise the payment of their units.

Once again, workers are not entitled to industrial injury related treatment.

According to regulations, workers should be identified as work-related injuries in their working hours and workplace due to work accidents.

Workers who have been injured in accidents or have been diagnosed and identified as occupational diseases according to the law on prevention and control of occupational diseases shall, within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational diseases, apply for a work-related injury claim to the regional social insurance administrative department.

In case of special circumstances, the time limit for application can be extended appropriately after the approval of the social insurance administrative department.

If an employer fails to apply for a work-related injury according to the regulations, the worker injured worker or his close relative or trade union shall be diagnosed or identified on the day of the accident injury.

Within 1 years from the date of the application, the application for work-related injury can be submitted directly to the social insurance administration department in the area where the employer is located.

The employer has not submitted an application for industrial injury identification within the prescribed time limit, and the relevant expenses incurred during the period shall be borne by the employer.

Finally, overtime is not paid for overtime.

The method of payment for wages of enterprises in Shanghai is clear, and the employing units shall arrange according to actual needs.

Where work is performed outside the statutory standard working hours, wages shall be paid according to the following standards: arranging workers to extend their working hours beyond the statutory standard working hours, paying wages according to 150% of the hourly wage standard of the workers themselves, arranging workers to work on rest days, and not arranging compensatory breaks, paying wages according to 200% of the workers' daily or hourly wage standards; arranging workers to work on statutory holidays, and paying 300% according to the standard of workers' daily or hourly wages.

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Mr. Luo reminded Mr. Chen that because his salary was paid in cash, he should collect evidence of his factual labor relations with the company, including evidence of overtime work, and then report or apply for arbitration, so as to safeguard his legitimate rights and interests from infringement.