If the company fails to pay social security in full, can I ask for the termination of the labor contract?

If the company fails to pay the social security in full, I can ask to terminate the labor contract. Employees can terminate the labor contract on the grounds that the company has not paid social security, require the company to pay social security, and pay economic compensation according to the number of years the employee has worked in the company. Pay one month's salary for every full year, half a month's salary for less than half a year, and one month's salary for less than half a year.

Legal analysis

The labor contract can be terminated on the grounds that the company has not paid social security, requiring the company to pay social security, and paying economic compensation according to the employees' working years in the company. Employees find that the employer fails to pay the social insurance premium as required: 1 If employees find that the employer fails to pay or underpays the social insurance premium, they have the right to ask the employer to make corrections and pay the underpaid or missed social insurance premium for themselves. There is generally no time limit for paying unpaid social insurance. If the existence of labor relations can be proved, the employer may be required to pay unpaid social insurance. 2. If the employer fails to pay social security in accordance with the law, resulting in the employee being unable to enjoy the relevant social security benefits, the employer shall compensate the employee for the losses (such as being unable to enjoy the work-related injury insurance benefits or being unable to fully enjoy them). 3. If the employer fails to pay the social security, the employee has the right to request the termination of the labor contract at any time according to the relevant laws and regulations, and ask the employer to pay the economic compensation for the compulsory termination of the labor contract according to his working years.

legal ground

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

Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee 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.