What if the employer doesn't buy social security in the first month?

The solution for employers not to buy social security in the first month is as follows:

1. In case of a labor dispute, the employee and the employer can settle it through consultation first. If consensus is reached through consultation, the employer shall purchase social security for the workers;

2. If negotiation fails or a settlement agreement is reached, the employee may apply to the local mediation organization for mediation;

3, unwilling to mediate, mediation fails or fails to perform after reaching a mediation agreement, you can apply to the labor dispute arbitration committee for arbitration;

4. If you request a payment order from the people's court and are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court.

Complaints to the local labor department need to provide the following materials to the labor department:

1. Proof of actual labor relationship with the employer, such as work permit, employment registration form, employment notice, attendance record, reward and punishment record, etc.

2. If you apply for arbitration, you need to submit an arbitration application. If the laborer has difficulty in writing the arbitration application, you can dictate it, and the arbitration commission will arrange the staff to write it for you, and then you can confirm it. There is no charge for arbitration.

Units that have not signed a contract and paid social security can make compensation in the following ways:

1. When applying for labor arbitration, it is required to pay double wages, overtime wages, unpaid wages, deposit, etc. If no labor contract is signed, the labor arbitration period shall be one year from the date of resignation;

2. If the employee terminates the labor contract because the unit fails to pay social security, he may ask the unit to pay economic compensation;

3. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year;

4. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

To sum up, employees who have not paid social security in the first month of employment can complain to the local labor security supervision department. You can also complain to the social insurance agency or the social insurance premium collection agency. Once the unit refuses to apply for social security, you can apply for labor arbitration at the labor arbitration agency where the enterprise is located.

Legal basis:

Article 77 of the Labor Law of People's Republic of China (PRC)

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.

The principle of mediation applies to arbitration and litigation procedures.

Article 79

After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.