How to claim compensation for the company's underpayment of social security

1.1. Terminate the labor contract on the grounds that the unit has violated the law and demand payment of economic compensation.

2., If the unit fails to pay social security in accordance with the law leads to the loss of the worker, the worker can ask the employer to compensate for the loss.

3. The laborer can also report to the social security agency and ask the employer to pay back the social security.

When faced with a situation in which the employer underpays social security, workers can choose to take the following three ways to deal with it:

1. Terminate the labor contract on the grounds that the employer has violated the law and ask for payment of economic compensation. According to the Labor Contract Law, if the employer fails to pay social insurance premiums for the workers in accordance with the law, the workers can terminate the labor contract and demand payment of economic compensation.

2. If the employer fails to pay social insurance premiums in accordance with the law, which leads to the loss of the laborer, the laborer can ask the employer to compensate for the loss. According to the Social Insurance Law, if the employer fails to pay the social insurance premiums in full and on time, resulting in the loss suffered by the worker, the employer shall be liable for compensation.

3. Workers can also report to the social security organization and ask the employer to pay back the social security contributions. According to the Social Insurance Law, if an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums or make up the full amount by a specified date and add a late fee of five ten thousandths of one percent of the total amount of social insurance premiums on a daily basis from the date of non-payment; if the employer fails to pay the premiums after the specified date, a fine of not less than double and not more than triple of the amount of the unpaid social insurance premiums shall be imposed by the relevant administrative department.

The base figure for social security payment is determined according to the standards set by the state and is used to calculate the basic amount of social insurance premiums to be paid by individuals and organizations. Social security includes pension insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance, etc., and each type of social security has a corresponding contribution base. Generally speaking, the social security contribution base is 60% - 300% of the average social wage.

Specifically, if an employee's salary income is higher than 300% of the average salary of local employees in the previous year, the contribution base is 300% of the average salary of local employees in the previous year; if an employee's salary income is lower than 60% of the average salary of local employees in the previous year, the contribution base is 60% of the average salary of local employees in the previous year; and if an employee's salary is between 60% and 300%, the contribution base is Declare according to the truth.

Summary of the above is the company less social security how to ask for compensation to make the relevant answer, I hope to help you.

Legal basis

Article 86 of the Social Insurance Law

An employer who fails to pay social insurance premiums in full and on time shall be ordered by the social insurance premium collection agency to pay the premiums within a certain period of time or to make up the full amount, and shall be subject to a late fee of five ten-thousandths of one percent of the total amount of social insurance premiums per day from the date of non-payment; and in case of failure to pay the premiums after the expiration of the period of time, he or she shall be liable to a fine of more than one and not less than three times of the amount of the unpaid social insurance premiums from the relevant administrative department.

Article 86 of the Social Insurance Law of the People's Republic of China

If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount, and shall add a late fee of five ten thousandths of a cent per day from the date of non-payment; if the premiums are still not paid after the expiration of the period of time, the administrative department concerned shall impose a fine of not less than double and not exceeding three times the amount of the non-payment.