How to compensate for social security arrears?

If the employer defaults on social security, the employee can claim compensation.

According to the social insurance law of People's Republic of China (PRC), the employer shall pay social insurance premiums for the workers. If the employer fails to pay social insurance premiums for the workers in accordance with the regulations, resulting in the workers being unable to enjoy social insurance benefits, the workers may request the employer to compensate the losses caused thereby.

The Labor Law stipulates that employers must pay:

Endowment insurance, industrial injury insurance, maternity insurance, unemployment insurance and medical insurance are compulsory.

If the unit does not pay social security, it can only ask individuals to pay it back without any compensation.

If the employer fails to participate in social security for employees in time, it can only be punished by the local social security agency according to the relevant requirements of the Social Insurance Law, and urged to participate in insurance for employees in time, but it does not involve compensation and compensation for employees.

In any of the following circumstances, you may request to pay economic compensation:

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, because the employer does not pay medical insurance premiums, resulting in workers unable to reimburse medical insurance premiums, you can claim compensation from the employer;

3, because the employer does not pay unemployment insurance premiums, resulting in unemployed workers can not receive unemployment insurance benefits, you can 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.

To sum up, if the employer defaults on social security, the employee can claim compensation. In order to safeguard one's rights and interests, one should know one's social security rights and interests and take appropriate rights protection measures.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 46

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) Dissolving 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, unless the employee does not agree to renew it.

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 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 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 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 collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.