Signing A Contract Does Not Arrange Overtime Work For Employees, But Not Pay.

Workers signed a labor contract, but they did not get a copy; they did not pay for social security for several months after work, but they did not pay overtime for overtime.

What should a worker do when he meets such a company? A few days ago, Mr. Qi, who worked in the company for less than half a year, turned to this newspaper for help.

According to Mr. Qi, he saw a job advertisement on the Internet half a year ago and applied to the company. At that time, the personnel manager said that he signed a two-year contract, paid the social security fee, worked 8 hours a day, and made five rest two.

A few days after he went to work, he was informed to sign a labor contract with the Ministry of personnel.

After he arrived at the personnel department, the personnel manager gave him two contracts.

Salary, contract term, probation period, etc.

After he signed the letter, the personnel manager took away the labor contract and said that the company would issue him a chapter.

But it seems a long time to seal the bill. He has worked in the company for half a year, and the company has not given him a labor contract with a good chapter.

This makes him very unrealistic, and then recall that in the company's nearly half a year, the company has many ways to make him feel flustered, and feel that the company is not very honest.

When he first entered the company, he said he would pay the social security fee, but he checked his social security account several times and found that the company had not paid for him.

When applying for a job, the personnel manager says that the working hours are even more irregular. He is often arranged to work overtime, and there is no guarantee for his weekends. He can see that the time spent on his attendance card is much higher than the normal working hours, but he has never seen overtime pay or a rest.

After inquiring about it, he learned that the company was only a few.

Longer colleagues paid social security, and other colleagues did not pay social security as he did.

As for overtime pay, none of my colleagues has.

Mr. Qi was very disappointed with the company and wanted to leave the company, but he felt it was a bit of a loss.

Luo Qiang, director of Shanghai red three rights law firm, said that Mr. Cheng should actively safeguard his rights and interests when he was tortious in unit employment, and they could help if necessary.

First, there are not two copies of the labor contract.

The labor contract law clearly states that each employer and worker shall hold one copy of the labor contract.

Although the law is so regulated, there are still some units that do not implement this. The reason is simply to "grasp the initiative".

These units are more or less laboring or somewhat guilty in their employment and feel that even if employees want to apply for arbitration on certain issues, they will be hindered by the absence of a labor contract.

In fact, the so-called "grasping initiative" of a unit is not reliable. If a worker complains to the supervisory department, the unit may not succeed.

Secondly, do not pay social insurance premiums.

It is the obligation of the unit to pay the social security fee for the employees.

"Stipulates that individuals enjoy social insurance benefits in accordance with the law and have the right to supervise the payment of their own units.

If a unit fails to pay social insurance for employees in accordance with the regulations, it shall be punished.

For example, according to the provisions of the social insurance law, the employing units do not register for social insurance, and the social insurance administrative department shall order them to make corrections within a specified time. If they fail to make corrections within the time limit, they shall pay a fine of more than three times the amount of social insurance premiums payable by the employing units, and the persons who are directly responsible for the insurance and other directly responsible personnel shall be fined not less than five hundred yuan or less than three thousand yuan.

If the employer fails to pay the social insurance premium on time and in full, the social insurance premium collection agency shall order the time limit to pay or make up for it, and shall pay 5/10000 of the late fee from the date of default. If the overdue payment is not paid, the relevant administrative department shall pay a fine of more than one time or more than three times the amount outstanding.

Finally, the issue of overtime pay.

The unit arranges the worker to work overtime to have to pay overtime, this is unquestionable, according to the stipulation, the employing unit arranges the laborer to work outside the statutory standard working hours according to the actual need, should pay according to the following standard: arranges the worker to extend the working time outside the legal standard working hours outside the worker, arranges the worker according to the actual standard working hour outside the time to extend the working time, pays the wages according to not less than the laborer oneself hour wages standard; arranges the laborer to rest on the day the work, but cannot arrange the rest, according to not less than the laborer oneself day or the hourly wage standard 200% pays wages; arranges the laborer to work in the statutory holiday holiday work, according to does not lower than the laborer oneself day or the hourly wage standard 300% pays the wages.