Job Recruitment Website - Social security inquiry - What if the company doesn't lay off employees and pay social security?
What if the company doesn't lay off employees and pay social security?
1. Workers can ask the company to pay social security during the labor relationship;
2. If the employee proposes to terminate the labor contract, he may ask the company to pay economic compensation;
3. If the labor contract is not signed, pay double wages not exceeding 1 1 month;
4. Laborers can apply to the labor department for labor arbitration or complain to the social insurance administrative department. If no correction is made within the time limit, the employer and the person directly responsible shall be fined.
Protection of social security rights and interests:
1, legal provisions: According to the provisions of the Social Insurance Law, the employer shall pay social insurance premiums for employees;
2. Supervision and reporting: employees can report the company's failure to pay social security to the local social insurance administrative department;
3. Administrative treatment: the social security administrative department can punish companies that fail to pay social security according to regulations;
4. Judicial channels: employees can ask the company to pay social security and claim compensation through legal channels;
5. Negotiation: The employee and the company solve the social security payment problem through internal negotiation.
To sum up, if the company does not lay off employees or pay social security, workers can solve the problem by asking the company to pay social security, economic compensation, double wages, applying to the labor department for labor arbitration or complaining to the social insurance administrative department. For violations, the employer and the directly responsible personnel will be fined.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 84
If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
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