In our work, we often encounter situations where some employers do not sign labor contracts with employees or do not pay social insurance due to lack of legal awareness or in order to avoid legal liability. This practice seriously infringes on the legitimate rights and interests of workers and has many risks. So, what do you do when you encounter this situation?
First of all, we need to be clear about our rights. As employees, we have the right to enjoy the rights and interests of signing labor contracts with employers and paying social insurance. An employment contract is a legally binding document reached between the two parties, through which the employment conditions, salary, working hours, leave, social security and other aspects can be clarified. Social security is a basic security system provided by the state to workers, and paying social security can ensure our rights and interests during work and after retirement.
If the employer does not sign a labor contract and does not pay social insurance, we can take the following measures to protect our rights and interests:
1. Communicate with the unit
First, try to communicate with the unit. Communicate with the person in charge of the unit or the human resources department in a positive and rational manner, clearly express your demands and ask for the signing of labor contracts and social security payments. It can remind the other party of the provisions of relevant laws and regulations, and emphasize the concept of win-win cooperation, so as to prompt the unit to face up to the problem and take the initiative to solve it.
2. Investigate the evidence
If the unit refuses to communicate or take no action, we need to collect relevant evidence to protect our rights and interests. Chat records, salary payment vouchers, attendance records, etc. during work can be kept as the basis for proving that the employer has not signed a labor contract and has not paid social security. At the same time, you can also ask the relevant departments about the situation of the unit and obtain evidence materials.
3. Seek legal assistance
If the communication between the worker and the employer is unsuccessful, he or she can seek legal assistance. Workers can consult their local labour inspectorate, trade unions, or law firms for professional help. They can guide us to understand relevant laws and regulations, assist in handling disputes, and protect our legitimate rights and interests.
4. Legal Enforcement
If the unit is still indifferent, we can choose to take legal action to protect our rights and interests. Labor arbitration, litigation and other means can be used to apply to the court to resolve labor disputes, and the employer can be required to sign a labor contract and pay social insurance. In the legal process, we can rely on the evidence we have gathered to support our claims.
In short, in the face of the situation that the unit does not sign a labor contract and does not pay social insurance, we must stick to our own rights and interests and safeguard our legitimate rights and interests. By communicating with employers, investigating evidence, seeking legal assistance, and defending their rights through legal protection, workers can obtain due job security and social insurance benefits for themselves. At the same time, we should also enhance our legal awareness, understand the relevant laws and regulations, and avoid becoming the target of infringement by employers.
I hope the above suggestions are helpful to you, and I wish every worker can get the rights and interests they deserve and respect!