2008Year September 20th,QQ 7824*****, nicknamed "* * Bao", graduated 3 years ago, 22 years old, Shanghai girl, named Xu Junping (a pseudonym) said: I am a Shanghai hukou, in 2008 January into the company, training 3 months after the holiday, waiting for the store opening, until the early September the staff complement the labor contract signed, I just signed the name, not to fill out a signature time (some colleagues in the specific date), the company to need to knock chapter is withdrew text, also did not give us a copy of the contract, the company entered into a contract to fill in time for the 2008 January date, the termination of the contract time is 2009 day in January, retroactive labor contracts second days notice of termination of labor relations, the contract agreed to pay the social insurance premiums are not fulfilled, please tell me how to safeguard their legitimate rights and interests?

   Answer: first, the company why retroactive labor contracts? Because of the "labor contract law" Tenth stipulates: "the establishment of labor relationship, a written labor contract shall be concluded. Labor relationship has been established, not to conclude a written labor contract, a written labor contract within one month of the date should be occupied." Article eighty-second stipulates: "the employing units from the date of employment more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times." That is to say, the employer did not conclude a written labor contract with the laborer within 1 month of employee, it shall pay two times the monthly salary from the day after the full month, this is the company in order to avoid the monthly payment of two times salary and compensation to sign labor contract, you should see clearly the intention of the company will know prevention of.

   Second, the company why change the fill time to sign the contract? It should be pointed out, company to sign labor contracts is to be without rebuke, and set the trap is modified fill specific time to sign the contract, it is only September compensation contracts, and deliberately written legal in January, it took more than a month without concluding a labor contract into a legal offense, you have no at the time of signature fill up the contract date, let the company easily drilled weaknesses, make you fall into this trap. In view of this supplement contract relates to many people, you may require the company to modify the supplement the specific time to sign the contract, for the legitimate rights and interests of 2-9 month monthly pay two times good evidence preparation.

   Third, labor contract workers, should carefully read the text of the contract and fully understood after the signing, if they can't understand what they should conscientiously to consult, until fully understood to sign, notice the sign is an important legal behavior.

   Fourth, "labor contract law" sixteenth stipulates: "the labor contract by the employer and the worker consensus, and by the unit and the laborer on the text of the labor contract signed or sealed. The text of the labor contract shall be made by the employing unit and the laborer shall each hold one copy." That is to say, the legal representative of the employing entity sign or proxy signature and company stamp, and then sealed by the laborers signature or, have such form labor contract to take effect. The effect of the text of the labor contract, should and must be the unit and the laborer shall each hold one copy, company intentionally don't give workers a belongs to illegal behavior.

   Fifth, your company Buqian labor contract after the lifting of the practice, terminate the labor contract is illegal, it shall bear the following responsibilities: one is without advance written notice 30 days, it should be to pay a month to replace the advance notice; two is the next day to enter the company from your work at the end of a month to complement signed the labor contract date, the company shall give you monthly pay two times the wage; three is the "labor contract law" the eighty-seventh stipulation: "the employing unit violates the provisions of this law, rescission or termination of the labor contract, two times the standard economic compensation shall be in accordance with the provisions of this Law Article forty-seventh of the payment to the employee compensation." forty-seventh stipulates: "the economic compensation to workers in this period of work units, each for one year to pay one month's wages to the workers. More than six months but less than one year, calculated according to a year; less than six months, half a month to pay economic compensation to the laborer wage." Accordingly, you work in the company for more than 6 months but less than 1 years according to 1 years work experience, the company shall pay two months salary compensation to you; four is in accordance with the requirements of social insurance payment method, the company shall pay social insurance premiums for you 1-9 months, the average monthly wage payment base should be you 9 months, if less than 1750 yuan, it should be in 1750 yuan for the payment base, enterprises pay the proportion is 37%, the remaining 12% should be your personal burden; five is the basis of the State Council on the regulations on management of housing provident fund regulations, the company shall pay for your 1-9 months of housing provident fund, payment base and payment the same payment ratio, for the company and the 7% person, a total of 14% all accounting into your personal account.

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