1. You can take the initiative to terminate the contract by failing to pay social insurance premiums for the workers according to the law and ask for economic compensation, at least you can take 5 months' salary as compensation. (The premise is that you do not want to continue to work in the restaurant)
2. Preparation of labor contracts, proof of work in the restaurant. The company's pay stubs and bank transfer records prove that no social security fees have been deducted. Bring the evidence to the labor inspection part of the report, the professional help to deal with. Of course, if the labor department claims to require enterprises to pay back social security contributions, continue to fulfill the labor contract, you do not have to pay economic compensation.
3. Policies vary from place to place, so we suggest you call 12333 for consultation, or go to a third-party insurance platform for consultation, such as WoBao.com.
1. Social security is social insurance, a social and economic system that provides income or compensation to a population that is incapacitated, temporarily out of work, or has suffered a loss due to health reasons. The main items of social insurance include pension insurance, medical insurance, unemployment insurance, work injury insurance, and maternity insurance.
2. Workers, in accordance with Article 37 of the Labor Contract Law, only need to notify the employer three days in advance during the probationary period, and thirty days in advance in writing after the regularization of the employer can go through the procedures of leaving the job without compensation.
3. The employer has the situation of Article 38 of the Labor Contract Law, the worker can immediately terminate the labor contract without prior notification to the employer, and require the employer to pay the remaining wages and economic compensation (one month's salary for every one year of work), and to handle the separation formalities, etc.;
4. The employer shall not be in arrears in the payment of wages to the workers, and in case of arrears, the worker can go to the local l labor dispute arbitration committee to apply for labor arbitration, in accordance with the "labor contract law" article 85 ordered the employer to pay compensation to the workers according to the payable amount of more than fifty percent of the standard of one hundred percent of the following;
5. Finally, in practice, some companies in order to avoid the obligation to bear the social insurance does not give employees to buy insurance, and some employees also think that the purchase of social insurance will reduce their salary in hand, so they are also happy not to pay. In fact, this is an incorrect idea, especially when there is an injury situation, the role of social insurance will come into play. Therefore, if you find that the company does not give the purchase of social insurance, it is best to apply for labor arbitration in a timely manner, if the number of people involved in a large number, it is also recommended to find a professional lawyer to participate in the arbitration.
6. Payment of insurance is a legal obligation of the employer, even if the employee agrees not to pay the insurance company must be for their insurance. According to the relevant provisions of the labor contract law, the employer did not pay social insurance to the employee, the worker can terminate the labor contract, and require the employer to pay economic compensation. The economic compensation is determined according to the number of years the worker has worked.