Can I ask for economic compensation for not paying social security?

Failure to pay social insurance may require economic compensation, as follows:

1. If the enterprise fails to pay social insurance to its employees, the employer shall pay economic compensation to the employees;

2. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

Conditions for payment of economic compensation:

1. The company fails to provide labor protection or working conditions as agreed in the labor contract, and the employee terminates the labor contract;

2. The company fails to pay the labor remuneration in full and on time, and the employee terminates the labor contract;

3. If the company fails to pay social insurance premiums for employees according to law, the employees will terminate the labor contract;

4. The company's rules and regulations violate the provisions of laws and regulations, damage the rights and interests of workers, and the workers terminate the labor contract;

5. If the laborer concludes or changes the labor contract against his true meaning by means of fraud, coercion or taking advantage of the danger of others, the labor contract is invalid and the laborer terminates the labor contract;

6. The company exempts itself from legal liability and excludes the rights of the workers, which makes the labor contract invalid and the workers propose to terminate the labor contract.

To sum up, employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Legal basis:

Article 46 of People's Republic of China (PRC) Labor Contract Law

In any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.