What if the company doesn't pay social security in the month of resignation?

If the company fails to pay social security in the month of resignation, the following measures can be taken:

1, communicate with the company. First of all, try to communicate with the company's human resources department (HR) to express their demands, emphasizing that the law stipulates that workers should receive social security benefits one day after they take up their posts. If HR refuses or cannot solve the problem, they can file a labor arbitration.

2. Report to the social security agency or the labor inspection department. If the company refuses to pay social security, it can report to the local social security agency or labor inspection department, ask them to intervene and order the company to pay social security.

3. Start labor arbitration. If the above methods are ineffective, you can file a labor arbitration and ask the company to pay back the social security and demand economic compensation.

4. terminate the labor contract. According to Article 38 of the Labor Contract Law, if the company fails to pay social security according to law, employees have the right to terminate the labor contract and demand economic compensation.

The compensation for unpaid social security after leaving the company is as follows:

(1) Pay one month's salary for each full year according to the number of years employees have worked in this unit. 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.

(2) If the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation shall be three times the average monthly salary of the worker, and the longest period for paying economic compensation shall not exceed 12 years.

(3) The monthly salary refers to the average salary of workers in the twelve months before the termination or dissolution of the labor contract.

To sum up, it is illegal for the company not to pay social security in the month of resignation, and you have every right to ask the company to pay back or take other legal measures to safeguard your rights and interests. In this process, we should abide by relevant laws and regulations, rationally safeguard rights and ensure that our legitimate interests are protected.

Legal basis:

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

Article 63

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

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums.

If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.