What if the company fails to pay social security?

It is illegal for a company not to pay social security, and employees can take corresponding measures to safeguard their rights and interests.

First, communicate with the company.

When it is found that the company has not paid social security, employees should first communicate with the relevant person in charge of the company to understand the specific situation. Possible reasons include lack of funds and poor management of the company. Employees can remind the company to pay social security fees as soon as possible to safeguard their legitimate rights and interests.

Two, report to the labor inspection department

If the company refuses to pay social security or can't solve the problem, employees can report to the local labor inspection department. The labor supervision department will investigate this and take corresponding measures according to the investigation results. When reporting, employees should provide relevant evidence materials, such as salary slips and social security payment records.

Three, apply for labor arbitration or bring a lawsuit.

If the results of the labor inspection department can't meet the demands of employees, employees can apply to the labor arbitration institution for arbitration or bring a lawsuit to the people's court. When applying for arbitration or bringing a lawsuit, employees should provide sufficient evidence to prove that the company has not paid social security, and explain their demands and reasons.

Fourth, seek legal aid.

In the whole process of safeguarding rights, employees can seek legal aid and get professional legal advice and help. Legal aid agencies or lawyers can help employees analyze the case, formulate rights protection strategies, and negotiate and communicate with the company or relevant departments on behalf of employees.

To sum up:

In the face of the company's failure to pay social security, employees must first communicate with the company to remind them to pay back. If the company ignores or cannot solve the problem, employees can report to the labor inspection department, apply for labor arbitration or file a lawsuit, and seek legal assistance in the process. In the whole process of safeguarding rights, employees should remain calm and rational, safeguard rights according to law and ensure that their legitimate rights and interests are protected.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit.

Article 86 provides that:

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.