According to Articles 10 and 82 of the Labor Contract Law, those who have not signed a labor contract for more than 1 month can get double wages. If you haven't signed a labor contract for more than 12 months, you can sign an open-ended labor contract with your company, which means you have an "iron rice bowl". If the employer does not sign an open-ended labor contract with you, then the employer should also pay you double wages from the date of signing the labor contract. 2. What if the employer does not recognize you as an employee without signing a labor contract? According to the first article, if the employer does not sign a labor contract with you, you can ask for double wages. But what should you do if the employer denies that you have worked there? First, according to Article 7 of the Labor Contract Law, the employer shall establish a roster of employees for future reference, so when you enter the company, you are required to check whether your name is on the roster. Second, according to the relevant explanation, you can show your salary table, recruitment record, work permit and other workers' testimony, but it's like grabbing food from the tiger's mouth, which is difficult. Payrolls and recruitment records are in the employer's office. Work permit, some employers seem to want to save this fee. Colleagues, friends of workers, but at the critical moment, when he was asked to testify, he also thought that when he wanted to be worthy of his boss and workers, he had no choice but to choose more bosses. Third, if you don't have the above evidence, you can find a lawyer, because lawyers know there are many ways.
When recruiting, the employer didn't tell you that the environment was bad, but you know from others that the salary of three years in this factory is not enough for medical expenses. What should you do?
According to Article 8 of the Labor Contract Law, when recruiting people, the employer shall truthfully tell you the job content, conditions, location, occupational hazards, production status, labor remuneration, and what you want to know and what the employer should tell you. Therefore, when you actually work, when the employer fails to provide labor protection or working conditions as agreed in the labor contract, and you are disappointed, you'd better leave for your health. I know that sometimes when choosing between life and job opportunities, how many people choose job opportunities. However, I think even if we enter the black brick kiln, we should work hard, otherwise after ten years, all that remains is bones and sighs. Out of the door of the employer, you can complain to the labor bureau and ask the labor bureau to order the unit to correct it. Trust the labor bureau!
What should you do if the employer asks you to tell the truth about your marital status, height, whether you have hepatitis B or not, and whether your ID card is fake? According to Article 8 of the Labor Contract Law, the employer has the right to know the contract-related information of the laborer, and the laborer must truthfully explain it. Therefore, it may be that the employer you are facing is afraid that you are a woman, which will affect the next three phases of work, and it seems desirable. But if women have no children, how can we continue? If the labor contract law had come into effect decades earlier, there might be no boss today. Therefore, employers should also have social responsibilities. As for height, someone has filed a lawsuit. How many great men may not make it to the Standing Committee? Hepatitis B, the current regulations generally do not allow to check, if you have to check, I think it has something to do with diet, otherwise, sue him! Don't forge your ID card, otherwise the contract will be invalid. Of course, the salary you earned during this period should still be given to you.
5. If the employer is a bank and wants to enter, you can. If you abscond with money, the bank can't help it, so you are required to provide a third party, such as your father's guarantee. Once you leave, the bank will withdraw money directly from your father's account. Is it reasonable?
Illegal. In the past, the regulations of the Ministry of Labor stipulated that employees were not allowed to seize their identity cards or other documents, ask for guarantees, or collect property in other names such as deposits, which has now been incorporated into the legal provisions. Employers regard everyone as a thief, so they should take precautions from the beginning. In fact, thieves are often not workers. Asking a third party to provide a guarantee is not the performance of an economic contract, but the performance of a personal labor contract, so it is illegal. Unless the guarantor has rope.
Of course, some employers think it is illegal to pay wages after one month, some think it is illegal to charge when recruiting people, so I will charge after signing the contract, and some think it is illegal to stipulate in the labor contract that if the job behavior causes a loss of 300 thousand yuan, or to offset the loss with equity. Please confirm them.
If the employer does detain documents or collect property, then report it to the labor bureau. First, there will be a refund. Second, it will demand that bad employers be punished. Especially those who collect money, everyone will be fined at least 500 and at most 2000. If there are 100 people in your factory, the boss can fine 200,000. This is just theoretical data.
6. The employer's rules and regulations are king? Can all the regulations be used as the basis for developers? Will you be fired for being late for three times? Can I be fired for taking a Fengwo coal?
In order to be effective for you, the employer's rules and regulations must go through the following steps:
1. Was it made through democratic procedures? As long as it involves labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, it is required to be formulated through democratic procedures? How to judge whether it is democratic or not? That is, is there a discussion record of the workers' congress or all employees? Do you have any plans and opinions? Do you have any consulting facts?
Second, is it against laws, regulations and policies?
3. Is it publicity or notification? For publicity methods, for example, some units stipulate in the labor contract system that all publicity methods of the company will be published on the intranet, or some will be posted directly on the wall. If the announcement is posted on the wall, there is no record posted, and there is no photo to prove it, it can also be rejected. In response to the notice, some units may directly ask you to write your study experience, or directly ask you to list the rules and regulations in the labor contract as an annex for you to sign. Of course, all this requires the employer to produce relevant evidence. No, I'm sorry, but I can't accept it
7. If the employer does not sign a labor contract and the agreed remuneration is unknown, you say that the boss gives you 50 yuan a day, but the unscrupulous boss says, what is the evidence? When and where did I say this to you? What should you do?
According to Article 1 1 of the Labor Contract Law, if a written labor contract is not concluded at the time of employment and the remuneration agreed with the employee is unknown, the labor remuneration of the newly hired employee shall be implemented in accordance with the provisions of the collective contract. If there is no collective contract or there is no provision in the collective contract, equal pay for equal work shall be implemented.
In order to protect your legitimate rights and interests and not give horrible bosses an opportunity, I suggest that you should strengthen your self-protection concept and firmly establish your awareness of evidence when you are hired.
First of all, sign a written contract or agreement when you join the company, with multiple copies, sealed and signed, and one copy for yourself. Use it as little as possible, and don't use verbal agreements. If an oral agreement is adopted, many witnesses must be present.
Secondly, written employment contracts and agreements, including oral agreements, should stipulate labor remuneration, welfare benefits, liability for breach of contract and other related matters as detailed as possible.
Third, once the salary can't be paid as scheduled, ask the boss to write an IOU in time.
Fourth, once the boss is in arrears with his salary and asks for nothing, he must remember to report it by phone from the local labor inspection department or go to the local labor law enforcement department, and the law enforcement inspector of the labor department will help coordinate and solve it. You can also apply to the local labor dispute arbitration institution for arbitration. Anyone who refuses to accept the arbitration may also bring a lawsuit to the people's court and apply for enforcement.
Fifth, the recovery of wages cannot exceed the statute of limitations, and the civil procedure law stipulates that the statute of limitations for recovery of wages is two years. If the statute of limitations is exceeded, the court will not accept such cases.
8. In order to avoid signing fixed-term labor contracts with employees, employers have thought of many ways. How should you handle it?
Article 14 of the Labor Contract Law stipulates that an employee shall conclude an open-ended labor contract under the following four circumstances:
First, the laborer has worked continuously in the employer for ten years; Second, when the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employer continuously for ten years, and is less than ten years away from the statutory retirement age; Third, two consecutive fixed-term labor contracts have been concluded, and the employee does not have the circumstances stipulated in Articles 39 and 40, paragraphs 1 and 2 of this Law, and the labor contract is renewed; Fourth, if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed to have concluded an open-ended labor contract.
In fact, an open-ended labor contract is not an iron rice bowl, because if the laborer is at fault or cannot perform the labor contract for objective reasons, the employer can terminate the labor contract. However, because there is no fixed-term labor contract, unlike fixed-term labor contracts, workers can ask to leave their jobs when they expire, losing the privilege of the employer. Therefore, when I heard that the Labor Contract Law stipulates that the above four situations need to sign an open-ended labor contract, the employer urgently looks for various professional labor law consultants and is determined to avoid signing with workers.
Think about the loyalty of domestic workers to the enterprise and the sense of belonging of Japanese employees, and you will find how important it is to have an open-ended labor contract.
Bad practices of employers:
In view of the fact that you can sign an open-ended labor contract after working in a unit for ten years continuously, the unit has taken various measures to make the working life of workers less than ten years.
Exercise 1
Continuous length of service in the same unit. It is required that the labor contract that expired before June 65438+ 10/2008 be automatically terminated without economic compensation. For the labor contract that expires after June 65438+1 October12008, the employee is required to apply for resignation voluntarily, and then the employer will give financial compensation, and the length of service will be cut off with financial compensation. Then re-sign labor contracts with employees at regular intervals, preferably before 2008 1. In this way, the length of service that the laborer used to work in the unit does not need to be counted. In fact, workers' work has not been handed over, files have not been transferred, and labor relations have continued. This is undoubtedly self-deception.
Exercise 2
It has the same effect as the first method, but it is to sign a fixed-term labor contract first, and then sign a contract with the laborer to complete a certain task because of the tight task, or simply ask you to do an "hourly job" for a period of time-part-time.
Exercise 3
Continuous length of service in different units. For example, employees are required to sign a contract with the next subsidiary of the group company before signing a labor contract with another subsidiary. If there are dozens of subsidiaries, it will be enough to sign a lifetime worker.
In view of the fact that two fixed-term labor contracts have been concluded continuously, and the laborer does not meet any of the circumstances specified in Item 1 of Article 40 and Item 2 of Article 39 of this Law, an open-ended labor contract may be concluded.
Exercise 4
The darkest hour is nearest the dawn. It is because Article 97 of the Labor Contract Law stipulates that the "first time" of two signed fixed-term contracts should be counted from 65438+ 1 in 2008, so a fixed-term labor contract was signed before 65438+ 1 in 2008. Anyway, this contract has been signed for ten years and eight years, which is not one of them. Or sign a fixed-term labor contract before June 5438+1 October12008, for example, sign it for one or two years, and then extend the working period with the laborer after the expiration, which is also counted as one time. This situation is also generally aimed at employees with less than ten years of continuous service.
Exercise 5
I welcome your mistake. Try your best to make workers fall into the fault of Article 39. For example, if you seriously violate the rules and regulations, or have labor relations with other units, or cause heavy losses to the unit, or if you are suspected of fraudulently signing a contract with a fake ID card, or commit a crime of criminal responsibility, then your dream of an open-ended labor contract will be shattered. Or your ability is limited, you can't change jobs, you can't train, or you can't work after the medical treatment for illness or non-work-related injuries expires. Sometimes, such conditions are what some employers want.
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed to have concluded an open-ended labor contract.
Exercise 6
According to Article 14 of the Labor Contract Law, if the employee is satisfied with signing an open-ended labor contract, but is willing to sign a fixed-term labor contract, he can sign a fixed-term labor contract. This gives unscrupulous employers an additional tool. Perhaps, on the surface, there is a promise or application from the laborer, but whether the real intention of the laborer is like this, only God knows.
Exercise 7
In order to avoid the responsibility of work-related injuries and sign an open-ended labor contract, the employer simply asked the labor service company to send employees to work, but all the troubles were gone. The employer only paid wages, and all other troubles were borne by the labor service company. As for whether it has been carried out, only God knows. However, Article 66 of the Labor Contract Law stipulates that labor dispatch can only be implemented in temporary auxiliary or alternative jobs.
Exercise 8
That's what most employers do now. If it is less than 10 years, it will be signed for three or four years before June 65438+1 October 20081,and then it will be signed twice, and then it will be signed for open-ended labor.
9. What kind of labor contract can the employer terminate without paying economic compensation?
Only part-time job means that the salary is calculated by the hour, and working in a unit does not exceed 4 hours a day and 4*6=24 hours a week. Laborers can conclude multiple labor contracts and terminate the labor contracts at any time, without probation, and their wages are paid once every 15 days, and the wages are not lower than the minimum hourly wage standard. This kind of labor contract can be oral. As can be seen from the above, the Labor Contract Law stipulates that the employer does not pay economic compensation when it is dissolved. This form of employment is often referred to as hourly work.
10. Is it legal for an employer to sign a labor contract with a worker to complete a certain task period in order to avoid signing an open-ended labor contract with the worker?
It is not stipulated by law, but it must be a single task. A contract with a certain task as its term cannot stipulate a probation period. Otherwise, all fixed-term labor contracts are signed in this form, and non-fixed-term labor contracts become empty talk?
1 1. What should be included in the labor contract?
There must be nine items: first, the name, residence and boss of the unit; Second, the name, address and ID number of the laborer; Third, the term of the contract; Fourth, the content and place of work; Fifth, working hours and rest and vacation; Sixth, labor remuneration; Seventh, social insurance; Eighth, labor protection, working conditions and occupational hazard protection; Ninth, other matters. Of course, there are probation, training, confidentiality, supplementary insurance and welfare.
12. What should I pay attention to during the probation period?
If the labor contract has three months, one month may be agreed. Without three months, the probation period cannot be agreed. That is, less than three months and less than one year, one month can be agreed. If it is more than one year and less than three years, it can be agreed for two months. Less than three years and no fixed-term labor contract, for more than half a year.
Employers can't just agree on a probation period with the same employee. A probation labor contract cannot be established separately. If it is established, it can only be regarded as the term of the labor contract.
The salary during the probation period shall not be less than 80%, and the standard shall be the minimum wage for the same position of the unit, or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage for the place where the unit is located.
During the probation period, unless the employee is at fault, or does not meet the employment conditions, or cannot work after medical treatment due to illness or injury, or cannot work due to capacity constraints, the employer may terminate the labor contract during the probation period, and other circumstances are not allowed, and the reasons shall be explained to the employee. Workers can terminate the labor contract three days in advance without giving reasons.
13. Can the employer also stipulate that if the employee terminates the labor contract in advance, he shall bear huge liquidated damages to the employer?
No At present, Article 25 of the Labor Contract Law clearly stipulates that only workers who violate the service period or non-competition regulations will bear liquidated damages, and other circumstances cannot stipulate liquidated damages.
Of course, the penalty for violating the service period cannot exceed the training fee provided by the employer, and the training fee cannot be shared after the service period has been fulfilled. In case of non-competition, economic compensation shall be given every month after the labor contract is dissolved or terminated, and the non-competition shall not exceed 2 years.
14. What should I do if the employer defaults on wages or fails to pay wages in full? What if the salary is lower than the minimum wage? What if the employer doesn't pay overtime?
If the employer is in arrears or fails to pay the wages in full, the employee may apply to the court for a payment order. Those who are in arrears or fail to pay wages in full, pay wages below the minimum wage, and do not pay overtime wages shall report to the Labor Bureau, which will order them to pay. In case of non-payment, compensation shall be paid according to the standard of 50- 100% of the payable amount.
15. What if the employer cancels or terminates the labor contract and fails to pay economic compensation to the employee?
If you report to the labor bureau, the labor bureau will order you to pay. In case of non-payment, compensation shall be made according to the standard of 50- 100% of the payable amount.
16. Under what circumstances can the employer voluntarily terminate the labor contract?
The employer may propose to terminate the labor contract:
First, the probation period does not meet the employment conditions;
Second, serious violations of rules and regulations;
Third, it has caused great damage to the employer;
Fourth, establishing labor relations with other posts, affecting the completion of the tasks of the unit or refusing to correct them;
Fifth, the laborer signed a labor contract against the true meaning of the employer;
Sixth, the laborer was investigated for criminal responsibility;
Seventh, the employer proposes to terminate the labor contract with the employee and agrees to terminate the labor contract with the employee;
Eighth, the illness has nothing to do with the work-related injury, and he can't engage in his original job or other jobs after the medical treatment expires;
(9) being incompetent for the job after training or adjustment;
10. The objective circumstances at the time of signing this contract have changed greatly, which makes it impossible to perform this contract and reach an agreement;
Eleven is bankruptcy reorganization and layoffs;
Twelfth, when the operation is difficult and the personnel are laid off;
Thirteen is technical innovation or business adjustment, and layoffs are still needed after changing the contract;
14. The objective conditions at the time of signing the contract have changed greatly, and the contract cannot be performed, resulting in layoffs.
The summary is as follows: 1-6 cases were terminated due to workers' fault, 7 cases were terminated by consensus initiated by employers, 8 cases were terminated by early warning, and 65,438 cases were economic layoffs.
8- 14 Procedural requirements for dissolving the labor contract: 8- 1 1 When dissolving the labor contract, the employer shall notify the employer in writing 30 days in advance to dissolve the labor contract or pay an extra month's salary. 12- 14 Listen to the opinions of the trade union or employees 30 days in advance and report to the labor bureau.
17. under what circumstances will the employer pay economic compensation when it voluntarily terminates the labor contract?
If the employee is dismissed due to his fault, the employer may not pay economic compensation. In economic layoffs, when the employer voluntarily proposes to negotiate dissolution, advance notice dissolution or bankruptcy reorganization, the employer needs to pay economic compensation.
18. What are the conditions for the laborer to voluntarily terminate the labor contract?
One is to terminate the labor contract with a written notice thirty days in advance, and the probation period is terminated three days in advance.
Second, the agreed labor protection conditions have not been provided.
Third, the remuneration was not paid in full and on time.
Fourth, social insurance has not been paid.
Fifth, rules and regulations violate laws and regulations.
Sixth, fraud, coercion or taking advantage of others' danger go against each other's true meaning.
Seventh, forcing laborers to work, commanding in violation of regulations, and forcing risky operations to endanger personal safety.
Among them, 2-7 is the fault of the employer, and the employee can take the initiative to terminate the labor contract.
19. under what circumstances does the employer have to pay economic compensation when the employee voluntarily terminates the labor contract?
Among them, 2-7 is the fault of the employer, and the employer has to pay economic compensation.
20. Under what circumstances should the employer pay economic compensation?
First, when the labor contract expires, the employer lowers the conditions stipulated in the labor contract and signs the labor contract; Second, the employer is declared bankrupt according to law; Third, the unit was suspended and ordered to suspend business, cancel or dissolve in advance. If it is because employees begin to enjoy basic old-age insurance benefits, or employees are dead, declared dead or missing, the employer cannot be required to pay economic compensation.
2 1. To sum up, including the employer's initiative, the employee's initiative and the termination of the labor contract, * * * What circumstances require the employer to pay economic compensation?
First, the employer proposed to terminate the labor contract with the employee, and the employee agreed to terminate the labor contract.
Second, the laborer is sick and injured not at work, and cannot engage in the original job or other jobs after the medical treatment expires.
Third, workers are not qualified for the job after training or adjustment.
Fourth, the objective situation of the laborer when signing the contract has changed greatly, which makes it impossible to perform the contract and reach an agreement.
Fifth, when the employer goes bankrupt, it will reorganize and lay off employees.
Sixth, the employer did not provide the agreed labor protection conditions.
Seventh, the employer failed to pay the labor remuneration in full and on time.
Eighth, the employer has not paid social insurance.
Nine is that the rules and regulations violate the provisions of laws and regulations.
Tenth, the employer fraudulently coerces or takes advantage of the danger of others to go against the true meaning of the other party.
1 1. Forcing laborers to work, giving illegal instructions, or forcing risky operations to endanger personal safety.
Twelfth, when the labor contract expires, the employer reduces the conditions stipulated in the labor contract and signs the labor contract again.
Thirteenth, the employer is declared bankrupt according to law.
Fourteen, the unit was suspended and ordered to close, cancel or dissolve in advance.
22. Exceptions for termination with advance notice and economic layoffs.
First, the occupational health examination was not carried out before leaving the post, or the suspected occupational disease patient was during diagnosis or medical observation; Second, suffering from occupational diseases or work-related injuries, resulting in total or partial disability; 3. Being sick or injured at work, within the prescribed medical treatment period; Fourth, female employees breast-feed during pregnancy and childbirth; Fifth, he has worked continuously in this unit for fifteen years and retired after less than five years; Sixth, other circumstances stipulated by laws and administrative regulations.
23. Is the longest period for paying economic compensation twelve years?
According to Article 47 of the Labor Contract Law, the economic compensation shall be paid to the laborer at the rate of one month for each full year, and there is no limit on the maximum number of years. However, if the monthly salary of workers is higher than 3 times of the average monthly salary of employees in the previous year, the standard is 3 times of the average monthly salary, and the service life cannot exceed 12 years.
24. When the labor contract is terminated or dissolved, how to handle the handover procedures with the employer? When will the economic compensation be paid?
When the labor contract is dissolved or terminated, the employer shall issue a certificate of dissolution or termination. If it is not issued, it may be ordered to make corrections, and the employer shall bear the liability for compensation. The employing unit shall handle the transfer procedures of files and social insurance for the workers within 15 days. Where an employer detains files or other articles, it shall report to the Labor Bureau and ask the Labor Bureau to order the employer to return them and impose a fine of 500-2,000 yuan per person. At the same time, pay economic compensation when handling the work handover.
25. Can a trade union apply for arbitration and bring a lawsuit as a party to a collective contract?
According to Article 56 of the Labor Contract Law, if there is a dispute over the performance of a collective contract and negotiation fails, the trade union may apply for arbitration or bring a lawsuit according to law.
26. Is labor dispatch the most legal means for employers to avoid risks reasonably? What are the main rules?
Labor dispatch involves two contracts. One is that labor dispatch units (employing units) sign labor contracts with workers, sign fixed-term labor contracts for more than two years, and pay labor remuneration monthly. Moreover, during the period when workers are not working, employers have to pay the minimum wage on a monthly basis. The second is that the labor dispatch unit should conclude a labor dispatch agreement with the unit (employing unit) that accepts the form of labor dispatch.
Labor dispatch involves three prohibitions. One is that employers cannot send workers to other employers. The other is that an employer cannot set up a labor dispatch unit to dispatch workers to its own unit or subordinate units. Third, labor dispatch cannot be implemented in long-term, significant and irreplaceable jobs.
27. What are the duties of trade unions? When you sued the company, the agent sitting in the dock was actually the chairman of the trade union. How do you feel?
The first thing to understand is that trade unions are independent, independent of workers and employers. If the trade union chairman acts as an agent, you should ask him to quit, because he is sitting in the wrong position, because the trade union chairman is the patron saint of workers, not the employer's Bi Marvin.
Of course, the biggest right of the trade union is that according to Article 43 of the Labor Contract Law, when the employer unilaterally terminates the labor contract, it shall inform the trade union of the reasons in advance. If the trade union is not notified, the employer's legal action to terminate the contract will be invalid. What can trade unions do? She can correct the employer's violation of laws and regulations or labor contracts. The unit should also study the opinions of the trade union, and the trade union will get a written result.
28. When can I ask the employer to pay twice the salary?
First, if you have been at work for one month, or 12 months, you can ask the employer to pay twice the salary. Second, if after one year1February, the employer has not signed a labor contract with you, nor has it signed an open-ended labor contract with you, then you can continue to demand double wages.
29. When can a fine be imposed, calculated at 500-2,000 yuan per person?
Where an employer collects property in the name of guarantee, or rescinds or terminates the labor contract, or detains the employee's files and articles, it may request the Labor Bureau to investigate and deal with it. First, you can order it to be returned, and then you can ask for the above-mentioned standard fine. Of course, the seizure of identity cards is punished according to other laws.
30. When can I ask the Labor Bureau to order the employer to pay 50- 100% more compensation?
One is not paying wages in full, the other is lower than the minimum wage, the third is not paying overtime wages, and the fourth is not paying economic compensation.
3 1, pay double economic compensation, what is this?
If the employing unit dissolves or terminates the labor contract in violation of the law, and the laborer does not demand to continue to perform it, the employing unit shall pay compensation in addition to economic compensation, which is twice the standard of economic compensation.
32. When will the laborer be liable for compensation?
First, the labor contract is terminated illegally, or the confidentiality obligation or non-competition regulations are violated, causing losses to the employer; Second, the contract concluded by the laborer by cheating or coercing others to take advantage of others' danger has caused damage to the employer when it is confirmed to be invalid.
33. What will you do if the employer doesn't pay social insurance for you?
You can ask for the dissolution of the labor contract. If the employer does not pay the economic compensation, it may require the employer to pay 50- 100% more economic compensation.
34. If the notice of dismissal ten years ago was only posted on the bulletin board, would it be effective? If it works, can people who left ten years ago still claim financial compensation ten years later?
According to the relevant regulations, it should be delivered directly to me first, if not, then to his family, if not, then by mail, if not, only the announcement will be considered, not the notice on the bulletin board in the factory.
35. If you work on the construction site, the contractor is your boss, and the contractor has contracted the construction of the bridge, which unit do you have labor relations with?
You should have a labor relationship with the employer of the bridge. If you can't get your salary, you can find the employer of the bridge.
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Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.