Job Recruitment Website - Social security inquiry - If the company doesn't help to buy social security, will it be compensated to sue him?
If the company doesn't help to buy social security, will it be compensated to sue him?
1. The company refused to buy social security and sued him for compensation. The compensation is as follows:
(1) If the employee terminates the labor contract according to law because the employer fails to pay social security, the employer shall pay economic compensation;
(2) If the employer fails to pay the medical insurance and the employee is unable to reimburse the medical insurance premium, the employer may demand compensation;
(3) If the employer fails to pay the unemployment insurance premium, and the employee cannot receive the unemployment insurance premium after unemployment, he may claim compensation from the employer;
(4) If the employer fails to pay the old-age insurance and the employee cannot receive the old-age insurance pension after reaching retirement age, he may claim compensation from the employer.
2. Legal basis: Article 47 of People's Republic of China (PRC) Labor Contract Law.
Calculation of economic compensation The economic compensation is paid to the laborer according to the number of years the laborer has worked in this unit and 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.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Second, if you don't help buy social security, what responsibilities does the company need to bear?
1, to compensate the workers for their little or no unemployment insurance benefits losses;
2, bear the maternity insurance benefits paid by the maternity fund for female employees;
3. Bear the fines, fines and other expenses related to work-related injury insurance premiums;
4, bear the basic old-age insurance related fines and other expenses;
5, compensation for other expenses caused to workers.
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