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What if the unit fails to pay social security?

Units that fail to pay social security and sign labor contracts violate labor laws. You can leave your job immediately after you leave in writing. In addition to asking the unit to pay your salary and deposit, you can also ask for financial compensation, double your salary after the second month of work and pay social security. Then apply for labor arbitration, and the limitation of labor arbitration is one year, counting from the time you leave your job.

The Labor Contract Law stipulates that a written labor contract shall be concluded to establish labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If a written labor contract has not been concluded with the employee for more than one month but less than one year, the employee shall be paid twice the monthly salary.

If there is no social security, labor contract, salary slip and attendance sheet, you can collect work cards, work clothes, documents stamped with the company seal, or provide witness testimony of work certificates.

Extended data:

Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations 12 stipulates that if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

If the company does not pay social security, employees can apply to the Labor Dispute Arbitration Committee for arbitration. If a labor contract has not been signed for more than one month, the employee may demand double salary compensation. If the laborer refuses to accept the arbitration result, he may bring a lawsuit to the people's court.

References:

Labor Contract Law-Baidu Encyclopedia