It Is Only Necessary To Employ Workers Regardless Of Employees' Rights And Interests.

After the company recruits employees, it will only sign the labor agreement; the company should pay no social security for the employees, but it will make the workers pay for themselves. The sick leave of the employees is still unpaid, and the company also says that no patient is allowed to leave the staff.

Recently, Mr. Qian, who had no alternative, complained to this newspaper and asked for help.

More than a year ago, the unemployed man, Mr. Qian, applied for a company to work.

On the first day of work, the boss came up with a labor agreement, saying that the company only recruited workers who did not pay social security. If they wanted to work in the company, they could only sign labor agreements.

The boss also said that the company did not pay social security, so that the workers themselves to the region to pay.

He was so eager to get a job that he agreed with his boss's request.

After that, he was identified as a flexible employee.

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In the twinkling of an eye, he has worked in the company for more than a year, nine hours a day and five times a day, and sometimes he has to work overtime.

Not long after the Spring Festival this year, he suddenly came to the hospital and was sent to hospital for treatment.

In this case, he did not forget to ask his family to call the boss to ask for leave.

The boss did not say anything on the phone.

On the second day, he sent his family to the company to hand in sick leave.

A week later, when he asked his family to pay sick leave again, the boss refused to accept it.

Unfortunately, he just had to go to the company himself.

Unexpectedly, when he took out his medical record and sick leave to the boss, the boss did not look at it. He also threw back the previous sick leave to him, saying that the company did not have patients, and the company did not have sick leave. If he could not work, he could only quit his job.

Immediately let him manage his personal belongings and check out.

Yin Weiyao, lawyer of Shanghai sunshine Zhuo Zhong law firm, pointed out that the employment problem of this company is quite a lot and must be corrected.

First, the company confuses labor contracts and labor agreements.

According to the labor law, the labor contract is the agreement between the laborers and the employing units to establish labor relations and clarify the rights and obligations of both parties. Labor agreements generally apply only to labor relations.

Mr. Qian was originally an unemployed person, and the company also had the qualification to work. Mr. Qian also accepted the management of the company and engaged in remunerated labor arranged by the company. Obviously, he formed a labor relationship with the company, and he should sign a labor contract.

Secondly, the company avoids the responsibility of paying social security.

The "social security law" clearly states that units and workers should participate in the payment of social insurance. The social insurance premiums paid by the workers and staff members should be withheld by the employer. The employer should inform the person about the details of the payment of social insurance premiums by the month.

Therefore, as a company employee, Mr. Qian's social security should be withheld by the company.

It is wrong for a unit to make him pay as a flexible person himself, because it is a part-time employee who has no employees, a part-time employee who does not participate in the basic old-age insurance in the employing units, and other flexible employment personnel.

Finally, do not give

It's also illegal.

According to the regulations, any enterprise

Due to illness or non occupational injury, it is necessary to give medical treatment to employees when they need to stop working.

The medical term refers to the time limit for enterprises to terminate the labor contract due to illness or non occupational injury.

The medical period is set according to the working life of the employee in the employer.

The worker works in his unit for first years, and the medical treatment period is 3 months. After every 1 years of work, the medical treatment period will increase by 1 months, but not more than 24 months.

It is unreasonable for enterprises to escape this responsibility and let employees quit their jobs themselves.

Mr. Yin reminded Mr. Qian that it is unnecessary to give up his rights and interests. Such an enterprise should take up a legal weapon and ask for a statement. If necessary, he is also willing to provide legal aid.