Can you claim compensation for not buying social security at work

The company does not buy social security can ask for compensation. The company does not buy social security, the worker can ask the company to make up for the social security, or the worker can terminate the labor contract, and can ask the employer to pay economic compensation in accordance with the provisions of the law.

What are the ways of collecting social insurance premiums

1, proportional premium system. This way is based on the wage income of the insured, set a certain percentage, so as to collect insurance premiums. The main purpose of social insurance is to compensate the insured for the loss of income during the period of risky accidents in order to maintain a minimum living, so it is necessary to refer to the income on which the insured normally depends, on the one hand, as a measure of the standard of payment, and on the other hand, as the basis for the calculation of premiums. The biggest defect of the work-based proportional premium system is that the burden of social insurance is directly linked to wages, whether the employer-employee ratio of both social insurance premiums or one of them, the burden of social insurance is manifested in the increase in the cost of labor, which will lead to the crowding out of labor by capital, thus leading to an increase in unemployment;

2. Equal premium system. That is, regardless of the income of the insured or his employer, the same amount of premiums are charged. The advantage of this system is that the calculation is simple, easy to implement; and the use of this method of collecting insurance premiums in the country, in its payment, generally also use the equalization system, with the meaning of income and expenditure are equal. But its defect is that the low-income people and high-income people pay the same premiums, in terms of affordability is obviously unfair.

The company does not pay social security to terminate the labor contract, you can ask for compensation. According to the People's Republic of China *** and the State Labor Contract Law, workers in accordance with the provisions of Article 38 of the termination of the labor contract, the employer shall give economic compensation.

Economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of employment in the unit. If more than six months is less than one year, it shall be calculated as one year; if less than six months is less than one year, the economic compensation shall be paid to the laborer at half a month's salary. The maximum number of years of economic compensation shall not exceed twelve years. Monthly wage refers to the average wage of the worker in the twelve months before the labor contract is terminated or terminated.

In addition to this, the employer can be required to make up for the unpaid social security contributions, and if the employer refuses to make up for the contributions, the employer can report the case to the labor department or file a labor arbitration.

Is it legal for a company not to pay social security during the probationary period

It is not legal for a company not to pay social security during the probationary period.

1, social insurance is the state for the employee's life, medical security and the implementation of mandatory insurance. The so-called mandatory, that is, by laws and regulations directly on the rights and obligations of the two sides to make provisions, the two parties shall not be free to negotiate. Once the labor relationship is established, it is necessary to apply for social insurance for employees.

2. According to Article 58 of the Social Insurance Law, an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.

Payment of social security is a legal obligation of the employer, whether during the probationary period or after regularization, the employer should pay social insurance for the workers.

Article 58 of the Social Insurance Law of the People's Republic of China

An employer shall apply for social insurance registration with the social insurance agency for its workers within thirty days from the date of employment. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums it shall pay.

Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.

The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

How to compensate for the company's failure to pay social security

Compensation for companies that do not buy social security for their employees: (a) Compensation for the loss of unemployment insurance benefits that the worker has received less or has not received. (ii) bear the costs of maternity insurance treatment for female workers that should be paid by the maternity fund. (iii) Bear the costs of fines and late payment fees related to work injury insurance premiums. (iv) Bear the costs of fines and other expenses related to basic pension insurance. (v) Compensate for other costs caused to the workers.

According to the law, workers should participate in the basic pension insurance, and the employer and workers*** pay the basic pension insurance premiums together.

Individual entrepreneurs without employees, part-time workers who do not participate in basic pension insurance with their employers, and other flexibly employed people can participate in basic pension insurance and pay basic pension insurance premiums by themselves.

I hope the above content can help you, if there are still questions please consult a professional lawyer.

Legal basis:

Article 46 of the Law of the People's Republic of China on Labor Contracts

When a laborer terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the laborer.

Article 38

When the employer has one of the following circumstances, the worker may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions in accordance with the agreement of the labor contract;

(2) Failure to pay labor remuneration in full and on time;

(3) Failure to pay social insurance premiums for the worker according to law;

(4) Where the rules and regulations of the employer violate the provisions of laws and administrative regulations and jeopardize the rights and interests of the workers;

(5) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of this Law;

(6) In other cases where the laws and administrative regulations stipulate that the workers may terminate the labor contract.