What if the company doesn't pay social security?

If the company does not pay social security, employees can take the following measures:

First, complain to the social insurance fee collection agency and order the employer to make corrections. Details are as follows:

1. If the employer fails to pay the social insurance premium in full and on time according to law, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily;

2, overdue is still not paid, by the relevant administrative departments at the unpaid amount of more than three times the fine;

3. If the unit 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 apply for transfer, including applying to the court for sealing up, distraining and auctioning the property equivalent to the social insurance premium, so as to offset the social insurance premium with the proceeds from the auction;

4. Workers complain to the social insurance fee collection agency, and the social insurance fee collection agency refuses to handle it. Workers can file an administrative lawsuit with the social insurance fee collection agency as the defendant, requesting the court to order the social insurance fee collection agency to perform its duties, that is, to recover the social insurance fee owed by the arrears unit.

2. Apply for labor arbitration or file a lawsuit after arbitration. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. Laborers can apply for labor arbitration first. At this time, applying for labor arbitration is a necessary prerequisite for bringing a lawsuit to the court.

The process of applying for arbitration is as follows:

1. Draft and submit an arbitration application.

When a party applies for labor arbitration, it shall submit an arbitration application to the labor arbitration committee where the company is located or where it works, and submit copies according to the number of applicants. The arbitration application shall contain the following contents:

The name, sex, age, work unit and residence of the laborer; The name and domicile of the employing unit and the name and position of its legal representative or principal responsible person;

B. the arbitration claim and the facts and reasons on which it is based;

C. Evidence and sources of evidence, names and residences of witnesses;

D. date of application for arbitration.

The sample application for labor arbitration is as follows:

Applicant: Zhang XX, male, born on XX 19XX, address:No. XX, XX City, Hunan Province, ID number: 43052 1 1978020XX.

Authorized Agent: Yao XX, lawyer of Beijing Bank of China Law Firm.

Respondent: Changsha XX Machinery Co., Ltd., domicile: XX, Changsha Economic and Technological Development Zone, and telephone number: 073 1-8408XXXX.

Contact person: Liu XX Tel: 137073 1XXXX

Legal Representative: Luo XX Position: General Manager

Application items:

(1) Requesting an order that the respondent pay social insurance for the applicant for XX to XX years;

Facts and reasons:

On September 20 10, the applicant was hired as the quality inspector of the quality inspection department of the respondent, and the basic salary agreed by both parties was 1600 yuan. After entering the company, the respondent does not pay social insurance for the applicant for 20XX to 20XX years.

To sum up, the respondent has seriously violated the relevant provisions of the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC). In order to safeguard the legitimate rights and interests of the applicant, according to the provisions of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, we hereby file a labor arbitration according to law, please support it!

I am here to convey

Changsha county labor personnel dispute arbitration Committee

Applicant: Zhang XX

XX，XX，XX，XX

2. Prepare and submit evidence to prove that there is labor relationship and the company has not paid social security.

The materials to be prepared are as follows:

A. Application registration form, employment registration form, employment notice, interview notice SMS, etc. ;

B work clothes, passes, brands, work permits, technical certification certificates, annual inspection records of professional certificates and other documents that can prove work identity;

C. Payrolls, proof of salary income (accounting signature), social insurance records, enterprise annuities, housing accumulation funds or other payment records (the payment of wages in cash can be ignored);

D. Punching records, attendance records, overtime notices, etc. ;

E. Testimony of other workers, but unless the colleague has left, this article is not very operable;

F. Publish stories about his deeds in the company's internal publications or the company's website with his own works;

G work record form, purchase contract, sales contract and customer business record signed by myself on behalf of the company;

H job description, salary confirmation, post adjustment notice, dismissal notice, etc. Company signature;

1. Honorary certificates, awards, penalty notices, union membership cards, and thermos cups printed with the company's words issued by the company or the company's trade unions are also acceptable;

J. E-mail exchanges at work, qq chat records, WeChat records, work arrangement SMS records, etc. ;

K. Audio and video recording of conversations and work with company leaders;

Length of financial loan slip, reimbursement voucher, etc. ;

Meter (abbreviation of meter)) records of investigation and inquiry by the traffic police department on work-related injuries caused by traffic accidents;

Noun (abbreviation of Noun) Records of complaint registration, inquiry and investigation by the labor inspection department.

O. the mailing address of the credit card bill is the company.

2. Arbitration acceptance

The Arbitration Commission will make a decision on acceptance or rejection within five days from the date of receiving the arbitration application.

Step 3: hold a court session

The arbitration tribunal will notify both parties of the date and place of the hearing in writing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, the case shall be dismissed and the respondent may make an award by default.

4. Arbitration and mediation

The arbitration tribunal shall mediate in handling labor disputes first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily.

5. Arbitral award

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court where the company is located within 15 days after receiving the arbitration award. The content of the complaint is similar to that of the arbitration application, and the evidence can be prepared as above.

In addition, the law stipulates that if the employer fails to pay social security, the employee can unilaterally terminate the labor contract immediately and ask the employer to pay economic compensation. Therefore, when applying for arbitration, he can claim that the company pay economic compensation. The calculation method of economic compensation is as follows:

(1) The economic compensation shall be paid to the workers according to the standard of 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, it shall pay economic compensation of half a month's salary to the laborer;

(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; This month's salary refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

legal ground

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

Article 63 If an 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.

Article 83 If an employing unit or individual thinks that the behavior of a social insurance fee collection agency infringes upon its lawful rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.

Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.

Rules for arbitration of labor and personnel disputes

Article 29 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.

The application for arbitration shall contain the following items:

(1) The name, sex, date of birth, ID number, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;

(2) The arbitration claim and the facts and reasons on which it is based;

(3) Evidence and its sources, names and residences of witnesses.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the Arbitration Commission and confirmed by the applicant's signature, seal or seal.

If the application for arbitration is not standardized or the materials are incomplete, the Arbitration Commission shall inform the applicant of all the materials that need to be corrected on the spot or within five days.

When receiving the materials submitted by the parties, the Arbitration Commission shall issue a receipt.

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

Article 38 In any of the following circumstances, the employer may unilaterally terminate the labor contract:

(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.

Forty-sixth economic compensation in any of the following circumstances, the employer 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.

Article 47 Calculation of economic compensation The economic compensation shall be paid according to the standard that the laborer shall be paid one month's salary for each full year of working in the 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.

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 divided into 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.