"Five insurances" refers to five kinds of insurance, including endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance;
"One gold" refers to the housing accumulation fund.
Among them, endowment insurance, medical insurance and unemployment insurance are premiums paid by enterprises and individuals, while industrial injury insurance and maternity insurance are entirely borne by enterprises. Individuals do not need to pay fees. It should be noted here that "five risks" are legal, and "one gold" is also legal.
[Edit this paragraph] Payment ratio of "five insurances and one gold"
At present, the contribution ratio of endowment insurance in Beijing is: 20% for the unit (of which 17% is included in the overall fund and 3% in the personal account) and 8% for the individual (all included in the personal account); Medical insurance payment ratio: unit 10%, individual 2%+3 yuan;
Unemployment insurance payment ratio: unit 1%, individual 0.2%; Work-related injury insurance determines its work-related injury rate according to the industry scope divided by the unit, which is between 0.5% and 2%; Maternity insurance payment ratio: 0.8% for the unit, and no payment for the individual.
Provident fund deposit ratio: according to the actual situation of the enterprise, choose the housing provident fund deposit ratio. However, in principle, the maximum wage shall not exceed 10% of the average wage of employees in Beijing. Since the second half of 2009, all employers in Beijing have been required to pay housing provident fund at 12% of their wages.
(Overall planning fund refers to: in the process of the gradual transformation of the old-age insurance system from the state-unit system to the state-society system, the state needs to make overall plans to solve the problems of unbalanced economic development and aging population.
(1) Establish a social pooling fund mainly based on enterprise contributions; (2) Establish personal accounts based on employees and enterprises; (3) The government bears the management expenses of the endowment insurance fund. This semi-fund system, which combines social pooling with individual accounts, is conducive to coping with the crisis of China's aging population, gradually dispersing the transition cost from the old system to the new system, and gradually realizing the transformation from the enterprise pension insurance system to the individual pension insurance system. )
The payment amount of four insurances and one gold varies from region to region, and the base is the total salary. Some enterprises pay basic wages and some related subsidies, but some enterprises only pay basic wages, which is against the law. The specific proportion should be consulted with the local labor department.
The surrender of endowment insurance, unemployment insurance and medical insurance can only be obtained under the circumstances permitted by law, and shall be issued by the insurance registration department. For example, "Old-age insurance can only be received if it reaches the legal age, and unemployment insurance benefits is also eligible to receive it. For example, if you go to the street office where your household registration is located and apply for an employment permit, it means that you must have the will to apply for a job after you lose your job.
If you don't want to work after losing your job, you won't get insurance money. In addition, pensions and unemployment benefits cannot be enjoyed at the same time.
Do you enjoy insurance during the probation period?
You should also enjoy insurance during the probation period, because the probation period is an integral part of the contract period, not isolated from it. So you should also take out insurance during the probation period. In addition, it is the legal obligation of the enterprise to insure employees, which does not depend on the intention or will of the parties. Even if employees say that they do not need to pay insurance, commercial insurance cannot replace social insurance.
[Edit this paragraph] Enjoy pension insurance benefits
Those who have paid the old-age insurance premium 15 years or more and reached the statutory retirement age can enjoy the old-age insurance benefits:
1, receive the basic pension on a monthly basis according to regulations until death.
The basic pension is calculated as follows:
Basic pension = basic pension+personal account pension+transitional pension = the average monthly salary of employees in the whole city in the previous year before retirement × 20% (the payment period is insufficient 15 is 15%)+ personal account principal and interest and indexed monthly average payment salary ×1payment period before the end of 997 ×
2. Death treatment. (1) Funeral expenses (2) One-time pension (3) Subsidies for immediate family members who meet the support conditions are paid monthly until the immediate family members who support them die.
Note: Endowment insurance should be paid continuously as far as possible. According to the relevant documents, if the enterprise or the insured pays the basic old-age insurance premium intermittently (except for the unemployed and those who do not pay according to the relevant regulations), the insured meets the conditions stipulated by the state for receiving the pension. When calculating the basic pension, the calculation base of the basic pension will be moved forward year by year according to the cumulative intermittent payment time to the average salary of employees in this city in the previous year (the cumulative intermittent payment time is calculated at 65438+ for each full year).
For example:
If you retire in 2020, under normal circumstances, your basic pension is 2065438+the average social wage in 2009 × 20%, but if your pension insurance is interrupted for 30 months before retirement, it will be interrupted for 2.5 years. According to two years, your basic pension is 2065438+the average social wage in 2007 × 20%.
[Edit this paragraph] Enjoy medical insurance benefits
1, outpatient and emergency medical expenses
The annual medical expenses of the employees (65438+1October1-65438+February 3 1) are more than 2,000 yuan;
2. Settlement ratio:
During the contract period, 50% of the dispatched personnel will be reimbursed for more than 2,000 yuan, and 50% will be paid by the individual;
Within one year, the maximum amount of accumulated reimbursement for outpatient and emergency services of dispatched personnel is 20,000 yuan.
3. The insured shall properly keep the medical documents (including receipts and prescriptions for large amounts) in the outpatient department of the designated hospital. ), as a medical expense reimbursement certificate;
4. Outpatient treatment of three kinds of special diseases: when the insured needs to take anti-rejection drugs after radiotherapy and chemotherapy for malignant tumor, renal dialysis and renal transplantation, the second-and third-level designated hospitals where the insured sees a doctor will issue the Certificate of Disease Diagnosis, fill in the Application Form for Special Diseases of Beijing Medical Insurance, and report it to the district medical insurance center for approval and filing. Outpatient treatment and drug collection for these three special diseases are limited to designated hospitals that have approved treatment, and cannot be purchased in designated retail pharmacies. The medical expenses incurred meet the prescribed scope of outpatient special diseases, with reference to hospitalization settlement;
5. Hospitalization
● Hospitalization deposit: When the insured meets the hospitalization conditions, the hospital will collect part of the deposit of the insured, and the amount of the deposit will be determined by the hospital according to the illness. If the dispatched personnel unit and the insured fail to pay the medical insurance premium in full and on time, the hospitalization deposit shall be paid in full by the dispatched personnel;
● Settlement period: every 90 days of hospitalization of insured persons is a settlement period; No more than 90 days, each hospitalization is a settlement period;
● Medical expenses incurred by patients with malignant tumor after outpatient radiotherapy and chemotherapy, renal dialysis and renal transplantation taking anti-rejection drugs, as well as mental patients who need to be hospitalized all the year round, shall be settled every 360 days;
● The medical expenses incurred by the insured for family sickbed treatment in designated community health service centers (stations) shall be settled once every 90 days;
● When the insured is discharged from the hospital or at the end of the treatment stage, it is necessary for the dispatched personnel to settle with the hospital the expenses that should be paid by the dispatched personnel at their own expense and out of their own pocket, and the medical expenses that should be paid by the basic medical insurance pooling fund and the large medical mutual fund should be reported by the hospital to the medical insurance center for review and settlement;
● When the insured person is hospitalized, he shall set the settlement method of medical expenses within the scope stipulated by the basic medical insurance, and set the deductible line and the maximum payment limit of the basic medical pooling fund;
● The first hospitalization of the deductible line 1.300 yuan, and the later hospitalization in 650 yuan, with a maximum payment limit of 50,000 yuan; Mutual assistance for large medical expenses exceeding the maximum payment limit (excluding the part below the minimum deductible and the personal burden of dispatched personnel)
70% of the funds are paid, and 30% of the dispatched personnel are personally responsible. The maximum compensation for one year is 654.38+10,000 yuan. According to the hospital level and the amount of expenses in a settlement period, the settlement standard of hospitalization expenses is calculated by stages and paid cumulatively.
(When the proportion is adjusted, the new standard should be applied. )
Note: Medical insurance is exempt from non-public traffic accidents.
[Edit this paragraph] Unemployment insurance benefits
Unemployment insurance is paid continuously for more than 1 year, and the files are returned to the street. You can enjoy unemployment insurance benefits in the street.
1. Unemployment insurance: refers to the basic living expenses paid by the unemployment insurance agency to eligible unemployed people according to regulations, which is the most important unemployment insurance benefits. Unemployment insurance benefits shall be implemented according to relevant documents of Beijing;
2. Medical subsidy during the period of receiving unemployment insurance benefits: refers to the subsidy for medical expenses incurred by the unemployed during the period of receiving unemployment insurance benefits. According to relevant policies and regulations of Beijing;
3. Funeral subsidies for unemployed people who died during the period of receiving unemployment insurance benefits and pensions for their spouses and immediate family members shall be implemented in accordance with relevant regulations.
[edit this paragraph] industrial injury insurance benefits
If an accident happens unfortunately during the contract period, you need to ask the enterprise for a description of the situation and affix the official seal of the enterprise, apply for work-related injury identification as soon as possible (preferably within three working days) and provide the following materials:
1, initial treatment diagnosis or hospitalization medical records;
2. Occupational disease diagnosis certificate (one original and one copy each);
3. If there is a traffic accident, provide a traffic brigade accident award or a traffic accident confirmation from the traffic department;
4. Copy of ID card;
5. Original labor contract within the validity period
[Edit this paragraph] Maternity insurance benefits
Maternity-related expenses can be reimbursed.
The scope of reimbursement includes maternity allowance, maternity medical expenses, family planning operation medical expenses and other maternity-related expenses stipulated by the state and this Municipality.
Maternity allowance is calculated according to the payment base of the month when female employees give birth divided by 30 and multiplied by the number of days of maternity leave. Maternity allowance is the salary of female employees during maternity leave. If the maternity allowance is lower than my salary standard, the difference will be made up by the enterprise.
Maternity medical expenses include medical examination expenses, delivery expenses, operation expenses, hospitalization expenses and medicine expenses incurred by female employees due to pregnancy and childbirth.
The medical expenses of family planning operation include the medical expenses incurred by employees due to family planning.
Now it is required to pay medical insurance for 20 years, pay pension 15 years to qualify for pension, and enjoy medical insurance reimbursement after retirement.
Relationship between maternity insurance and male workers
The maternity insurance fund pays the following expenses for the insured: maternity allowance, nursing leave allowance, maternity medical expenses, family planning operation medical expenses, and other expenses stipulated by the state, the province and the city. Among them, maternity allowance can be enjoyed not only by female employees, but also by male employees' spouses (in line with the family planning policy of late childbearing and receiving the honor certificate of the only-child parents) and 10 day nursing leave allowance. According to estimates, after the implementation of the Measures, female employees can receive an allowance of more than 5,000 yuan per capita, while male employees can receive an allowance of more than 400 yuan.
Male employees who have participated in maternity insurance have paid maternity insurance premium 12 months continuously, and their spouses belong to non-urban population who have not participated in maternity insurance, urban unemployed people or have participated in maternity insurance but the payment is insufficient 12 months (excluding overdue payment). According to Article 8 of the Measures, they can enjoy a one-time maternity medical subsidy of 50% of the reproductive medical expenses of female employees. The subsidy standards are as follows:
1. Cesarean section or cesarean section abortion after 7 months of pregnancy 1500 yuan;
2. Delivery or abortion after 7 months of pregnancy 1000 yuan;
3.500 yuan, pregnant for 3 months but less than 7 months, having given birth or aborted;
4. Abortion within 3 months of pregnancy 150 yuan;
5. Multiple births increase 200 yuan for each additional baby.
Confirmation of obstetric medical procedures
When a female worker enjoys treatment such as abortion, induced labor, prenatal examination and maternity insurance after one week of pregnancy. , by the employer to the medical insurance management service center to confirm the medical procedures, and from.
It varies slightly from place to place. For details, please call the local labor security consultation telephone number 12333. There is manual service during office hours.
[Edit this paragraph] Frequently asked questions about "five insurances and one gold"
Q: Do you enjoy insurance during the probation period?
Answer: you should also enjoy insurance during the probation period, because the probation period is an integral part of the contract period, not isolated from it. So you should also take out insurance during the probation period. In addition, it is the legal obligation of the enterprise to insure employees, which does not depend on the intention or will of the parties. Even if employees say that they do not need to pay insurance, commercial insurance cannot replace social insurance. Enjoy pension insurance benefits.
Those who have paid the old-age insurance premium 15 years or more and reached the statutory retirement age can enjoy the old-age insurance benefits:
1, receive the basic pension on a monthly basis according to regulations until death.
The basic pension is calculated as follows:
Basic pension = basic pension+personal account pension+transitional pension = the average monthly salary of employees in the whole city in the previous year before retirement ×20% (the payment period is insufficient 15 is 15%)+ personal account principal and interest and indexed monthly average payment salary ×1payment period before the end of 997 ×
2. Death treatment. (1) Funeral expenses (2) One-time pension (3) Subsidies for immediate family members who meet the support conditions are paid monthly until the immediate family members who support them die.
Note: Endowment insurance should be paid continuously as far as possible. According to the relevant documents, if the enterprise or the insured pays the basic old-age insurance premium intermittently (except for the unemployed and those who do not pay according to the relevant regulations), the insured meets the conditions stipulated by the state for receiving the pension. When calculating the basic pension, the calculation base of the basic pension will be moved forward year by year according to the cumulative intermittent payment time to the average salary of employees in this city in the previous year (the cumulative intermittent payment time is calculated at 65438+ for each full year).
For example:
If you retire in 2020, under normal circumstances, your basic pension is 2065438+the average social wage in 2009 ×20%, but if your pension insurance is interrupted for 30 months before retirement, it will be interrupted for 2.5 years. According to two years, your basic pension is 2065438+the average social wage in 2007 ×20%.
Q: What are the benefits of participating in medical insurance?
Answer: 1, outpatient and emergency medical expenses. The annual medical expenses of the employees (65438+1October1-65438+February 3 1) are more than 2,000 yuan;
2. Settlement ratio. During the contract period, 50% of the dispatched personnel will be reimbursed for more than 2,000 yuan, and 50% will be paid by the individual; Within one year, the maximum amount of accumulated reimbursement for outpatient and emergency services of dispatched personnel is 20,000 yuan.
3. The insured shall properly keep the medical documents (including receipts and prescriptions for large amounts) in the outpatient department of the designated hospital. ), as a medical expense reimbursement certificate;
4. Outpatient treatment of three kinds of special diseases: when the insured needs to take anti-rejection drugs after radiotherapy and chemotherapy for malignant tumor, renal dialysis and renal transplantation, the second-and third-level designated hospitals where the insured sees a doctor will issue the Certificate of Disease Diagnosis, fill in the Application Form for Special Diseases of Beijing Medical Insurance, and report it to the district medical insurance center for approval and filing. Outpatient treatment and drug collection for these three special diseases are limited to designated hospitals that have approved treatment, and cannot be purchased in designated retail pharmacies. The medical expenses incurred meet the prescribed scope of outpatient special diseases, with reference to hospitalization settlement.
5. Hospitalization
● Hospitalization deposit: When the insured meets the hospitalization conditions, the hospital will collect part of the deposit of the insured, and the amount of the deposit will be determined by the hospital according to the illness. If the dispatched personnel unit and the insured fail to pay the medical insurance premium in full and on time, the hospitalization deposit shall be paid in full by the dispatched personnel.
● Settlement period: every 90 days of hospitalization of insured persons is a settlement period; No more than 90 days, each hospitalization is a settlement period.
● The medical expenses incurred by patients with malignant tumor who take anti-rejection drugs after outpatient radiotherapy and chemotherapy, renal dialysis and renal transplantation, as well as mental patients who need hospitalization all the year round, shall be settled every 360 days.
● The medical expenses incurred by the insured for family sickbed treatment in designated community health service centers (stations) shall be settled once every 90 days.
● When the insured is discharged from the hospital or at the end of the treatment stage, it is necessary for the dispatched personnel to settle with the hospital the expenses that should be paid by the dispatched personnel at their own expense and out of their own pocket, and the medical expenses that should be paid by the basic medical insurance pooling fund and the large medical mutual fund should be reported by the hospital to the medical insurance center for review and settlement.
● When the insured person is hospitalized, he shall set the settlement method of medical expenses within the scope stipulated by the basic medical insurance, and set the deductible line and the maximum payment limit of the basic medical pooling fund.
● The first hospitalization of the deductible line 1.300 yuan, and the later hospitalization in 650 yuan, with a maximum payment limit of 50,000 yuan; Mutual assistance for large medical expenses exceeding the maximum payment limit (excluding the part below the minimum deductible and the personal burden of the dispatched personnel).
70% of the funds are paid, and 30% of the dispatched personnel are personally responsible. The maximum compensation for one year is 654.38+10,000 yuan. According to the hospital level and the amount of expenses in a settlement period, the settlement standard of hospitalization expenses is calculated by stages and paid cumulatively. (When the proportion is adjusted, the new standard should be applied. )
Note: medical insurance for non-public traffic accidents is exempt!
Q: Will I benefit from participating in unemployment insurance?
Answer: Unemployment insurance has been paid continuously for more than 1 year, after the files are returned to the street. You can enjoy unemployment insurance benefits in the street.
1. Unemployment insurance: refers to the basic living expenses paid by the unemployment insurance agency to eligible unemployed people according to regulations, which is the most important unemployment insurance benefits. Unemployment insurance benefits shall be implemented according to relevant documents of Beijing.
2. Medical subsidy during the period of receiving unemployment insurance benefits: refers to the subsidy for medical expenses incurred by the unemployed during the period of receiving unemployment insurance benefits. According to relevant policies and regulations of Beijing.
3. Funeral subsidies for unemployed people who died during the period of receiving unemployment insurance benefits and pensions for their spouses and immediate family members shall be implemented in accordance with relevant regulations.
Q: What benefits do you enjoy when you participate in industrial injury insurance?
Answer: If an accident happens unfortunately during the contract period, you need to ask the enterprise to explain the situation and affix the official seal of the enterprise. You should apply for work-related injury identification as soon as possible (preferably within three working days) and provide the following materials.
1, initial treatment diagnosis or hospitalization medical records.
2. Occupational disease diagnosis certificate (one original and one copy each).
3 traffic accidents, should provide the traffic brigade accident award or the traffic department traffic accident certificate.
4. Copy of ID card.
5. The original labor contract within the validity period.
Q: What benefits do you enjoy when you participate in maternity insurance?
A: Maternity-related expenses can be reimbursed. The scope of reimbursement includes maternity allowance, maternity medical expenses, family planning operation medical expenses and other maternity-related expenses stipulated by the state and this Municipality.
Maternity allowance is calculated according to the payment base of the month when female employees give birth divided by 30 and multiplied by the number of days of maternity leave. Maternity allowance is the salary of female employees during maternity leave. If the maternity allowance is lower than my salary standard, the difference will be made up by the enterprise.
Maternity medical expenses include medical examination expenses, delivery expenses, operation expenses, hospitalization expenses and medicine expenses incurred by female employees due to pregnancy and childbirth. The medical expenses of family planning operation include the medical expenses incurred by employees due to family planning.
Now it is required to pay medical insurance for 20 years, pay pension 15 years to qualify for pension, and enjoy medical insurance reimbursement after retirement.
[Edit this paragraph] Special tips
First of all, if you go to work outside your registered permanent residence, for example, your original registered permanent residence is in Beijing, and you go to work in Shenzhen, whether your registered permanent residence is transferred to Shenzhen or not, if you don't work in Shenzhen in the future, it is very questionable whether the five insurances and one gold paid in Shenzhen can be transferred out. Because at present, there is no internet connection with five insurances and one gold in China, only the internet connection in Beijing. That is to say, if you originally worked in one unit in Beijing and jumped to work in another unit in Beijing a few years later, there is no problem with five insurances and one gold. However, if you jump from other provinces and cities, it will be very troublesome to turn, and it is still a question whether you can turn.
Of the five risks mentioned above, three are paid by both enterprises and individuals. This means: for example, if your salary is 2,000 yuan for endowment insurance, then you have to pay 8% for the individual and 15% for the company (all the above data are hypothetical), and all the money will be deposited in one of your accounts until you meet the conditions for enjoying endowment insurance (see the above figure for details). Then, considering the content written in the last paragraph, in case it can't be transferred, then
All enterprises and individuals pay the same, so does the housing provident fund. For example, if you pay 500 yuan every month, the company will give you 1000 yuan. If you change your job and the money can't be transferred, you will pay it to 500 yuan every month for nothing, and you can't get it out-because you don't meet the conditions for enjoying the housing provident fund, you can only get it when you buy a house.
Then some people may ask: if I don't plan to develop in the city where I just started working for a lifetime, can I not pay five insurances and one gold in order to prevent being transferred in the future? The answer is no, at least the three risks are compulsory by the state, so it is very helpless. In addition, the base of paying five insurances and one gold is a question of multiplying your salary by that percentage. Ok, first of all, let's look at the composition of salary: basic salary+various benefits+bonus. Many enterprises only pay five insurances and one gold according to the basic salary, because if calculated according to three parts, you personally get more, but the company gives you more (both enterprises and individuals pay less five insurances and one gold, and the company is big), so many enterprises can save money for themselves, and the smaller the base, the better. In addition, for the welfare part, there is a big question that everyone must ask when signing the contract in the future!
As mentioned earlier, the housing provident fund is also paid by enterprises and individuals, but the part paid by enterprises will be yours sooner or later (as long as you buy a house in the future, you can take it out at one time). For example, if you pay 500 yuan in proportion every month, the company may post 1000 for you. Although this 1500 can't be taken out before you buy a house, it is also for you in theory, so some enterprises will count it as your welfare. Actually, it shouldn't count! ! ! ! Because that 1000 is empty, you can't get it without buying a house, so when you sign it, you should ask whether this welfare includes housing provident fund, be careful!
"Four Gold" Algorithm in Company Welfare (Refer to Shanghai)
Definition of "Four Gold" Payment Base
Generally, the four gold base is the monthly salary, but if the salary is high (for example, more than three times the average monthly salary in your city last year), then the base is at the top. And if the salary is particularly low (for example, lower than 60% of the average monthly salary in your city last year), the base will also have a back cover.
Take the situation in Shanghai in 2004 as an example. In 2003, the average monthly social wage was 1847 yuan. If your monthly salary exceeds 1847*3=554 1 yuan. Then the cardinal number of four gold is 554 1 yuan; If your monthly salary is less than1847 * 60% = 1 108.2 yuan, then the four gold bases are1108.2 yuan. If the salary is between 1 108.2 and 554 1 yuan, the base is your salary.
"Four Gold" Contribution Ratio
Proportion of four contributions: individual contribution and company contribution.
Endowment insurance: base *8%+ base *20% (it seems that this ratio has been changed recently)
Medical insurance premium: base *2%+ base * 12%.
Unemployment insurance: base * 1%+ base *2%
Housing accumulation fund: base *7%+ base *7%
Among them, the individual pays the left part, that is, 8%+2%+ 1%+7%= 18%, and the company pays the right part, that is, 22%+12%+7% = 43%, that is to say, the salary after deducting four gold is The total capital contributed by the company is Y= workers' salary+base *43%.
Attention, everyone!
The contribution ratio of the first and fourth gold is not necessarily equal to your salary, that is to say, if the pre-tax salary is 4000, the contribution base is not necessarily 4000, which may be lower than this figure.
Second, the company's expenses, in addition to what is said upstairs, also include maternity insurance and work injury insurance. The former is 0.5% and the latter is more than 0.5-3%. The situation in other cities is definitely different (except for pre-tax deduction of 2000). How to pay the "four gold" for non-Shanghai students' employment?
"Four gold" is the abbreviation of social insurance and housing accumulation fund, among which Shanghai social insurance includes endowment insurance, medical insurance, unemployment insurance, maternity insurance and work injury insurance. Whether people who are currently employed in Shanghai can pay and enjoy social insurance and housing accumulation fund in Shanghai Labor and Social Security Bureau mainly depends on their household registration. Generally, there are the following situations:
First, social insurance should be paid according to the city's household registration personnel:
(1) Persons who have obtained Shanghai household registration (including those who directly applied for Shanghai household registration upon graduation from employment or those who applied for talent introduction after employment);
(2) Persons who have obtained residence permits in Shanghai (including those who directly apply for Shanghai household registration when they graduate from employment or apply for talent introduction after employment). In these two cases, college students can participate in Shanghai's social insurance after employment, and they can ask employers to pay Shanghai's urban social insurance (referred to as "urban insurance") or small town social insurance (referred to as "town insurance") in accordance with relevant regulations. The above two situations are exactly the same in paying social insurance premiums; There are some differences in the payment of Shanghai housing provident fund, that is, employers must pay Shanghai housing provident fund for those who have obtained Shanghai household registration; The employer has no obligation to pay the Shanghai housing provident fund for those who have applied for a residence permit in Shanghai.
Second, what if there is no Shanghai household registration and no Shanghai residence permit? Such personnel can pay the "Shanghai Comprehensive Insurance for Foreign Employees" after employment, and of course, the employer should also go through the formalities of hiring foreign employees in accordance with relevant regulations. Shanghai's comprehensive insurance for migrant workers includes industrial injury, hospitalization and pension subsidies. To sum up, non-Shanghai college graduates should first inform the employer of their household registration, and negotiate the obligation of the employer to apply for household registration or residence permit, or write the negotiation results into the employment agreement or sign another agreement, so as not to affect the payment and enjoyment of social insurance and housing provident fund in the future.
How to protect the rights of workers during the probation period
1, the longest period is 6 months. According to Article 2 1 of People's Republic of China (PRC) Labor Law: "The probation period may be stipulated in the labor contract. The probation period shall not exceed 6 months. " The probation period is an investigation period of no more than 6 months agreed by the employer and the employee for mutual understanding and choice.
Just try once, there won't be another time. There can only be one probation period, which is generally applicable to employees' initial employment or re-employment. The renewed labor contract shall not stipulate the probation period. This is because the probation period is an inspection period, which is set to protect the interests of both employers and employees in relatively unfamiliar situations. If employees and employers are already familiar with each other, of course, there is no need to agree on a probation period. If it is an agreement, this agreement is also illegal and cannot produce legal effect. Even if the employer changes the position of the laborer, it shall not stipulate the probation period separately.
3. Probation contract = The existence of "probation contract" is explicitly prohibited by the Labor Contract Law. The employer and the employee have not signed a labor contract, but the probation period is stipulated in the employment letter, employment notice or other written documents, which is regarded as the agreement in the labor contract, and the duration of the probation period is regarded as the duration of the labor contract. Similarly, if only the salary for the probation period is agreed, then the salary will be regarded as the labor remuneration in the labor contract.
If the employer has also agreed on the post-employment salary, the post-employment salary shall be regarded as labor remuneration, and the probation salary agreement shall be invalid. Employees have the right to ask the employer to pay the salary equivalent to the official salary during the probation period. However, if the employer only verbally promises that the employee will get a salary increase after becoming a regular employee, but there is no specific agreement in any document and no specific figures, then the probation salary is regarded as labor remuneration.
1 Obligation to Inform The employing unit shall inform the workers of their rights and obligations when they enter the employing unit to start work. For example, the employer should inform the workers about the relevant rules and regulations, labor discipline, labor protection conditions, employee welfare and a series of contents. In particular, employees should be informed of their employment conditions and job requirements in detail. If the employing unit fails to inform the workers, it shall bear corresponding responsibilities.
2. Training Obligation On-the-job training for employees is also an important responsibility of the employer. If the employing unit fails to carry out vocational training, resulting in the workers being incompetent for the job or an industrial accident, the employing unit shall bear corresponding responsibilities.
3. Burden of Proof Although the "probation period" is a process of trying and contacting each other, if the employer wants to "bye bye" to the employees during the probation period, there must be sufficient reasons. During the probation period, if the employer unilaterally terminates the labor contract, there must be evidence to prove that the employee does not meet the employment conditions. In other words, the employer bears all the burden of proof. Once there is a dispute between the two parties on the termination of labor relations during the probation period, the employer must bear all the burden of proof. Therefore, during the whole probation period, the employer should pay attention to the standardization of its behavior and keep the necessary written materials and documents to illustrate its rationality.