How to compensate for not paying social security?

The compensation standard for unpaid social security is to pay one month's salary every year according to the working years of the laborer in this unit.

To establish labor relations, the employer must pay social security for the workers. Even if employees voluntarily do not participate in social security, the employer will pay social security when it comes to social security verification. After the signing of the labor contract, the employer shall pay social insurance for the laborer in the month when the laborer actually takes part in the work. That is to say, as long as the employee is hired and the two sides establish labor relations, the employer shall pay social insurance for the employee regardless of whether the employee signs a labor contract or not. The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

If the employer fails to pay social insurance to the employee, and the employee demands compensation for the loss, the calculation standard is as follows:

1, determined according to the social insurance premium payable by the employer;

2, the law has a clear compensation standard, according to the compensation standard;

3, can not be determined, can be determined by the people's court entrusted social insurance institutions. Workers who purchase social insurance through employers shall be withheld and remitted by employers. After withholding, the employing unit shall inform it of the details of paying social insurance premiums on a monthly basis. Workers who voluntarily participate in social insurance can pay social insurance premiums directly to social insurance fee collection agencies, and workers can also pay social insurance premiums directly to social insurance handling centers.

To sum up, if the unit fails to pay social security, it can ask the company to pay the social security fees owed; You can also terminate the labor contract and demand economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years 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. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.

Legal basis:

People's Republic of China (PRC) (China) Labor Contract Law

Article 47

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; Less than six months, pay economic compensation for half a month's salary.

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.