How to pay wages to employees who do not pay social security

How to pay employees who don't pay social security are as follows:

1. Enterprises can pay employees' wages through the public account;

2. They can also choose to pay employees directly in cash;

3. Non-payment of social security is a violation of the labor law, and has no direct correlation with the way of payroll;

4. Enterprises should pay for their employees' social security, otherwise the employees have the right to demand retroactive payment or take legal action.

Social security payment regulations:

1. Legal basis for social security payment: according to the Social Insurance Law and other relevant laws and regulations, employers and employees shall participate in social insurance and pay social security contributions according to the regulations;

2. Kinds of social security included: usually including pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance;

3, The base of social security contributions: the base of social security contributions is usually linked to the employee's salary income, calculated in accordance with a certain percentage;

4, the proportion of social security contributions: different types of social security, the proportion of contributions shared by the unit and the individual is different;

5, the social security payment time: there is a fixed time to pay the social security payment each month, overdue payment may incur a late fee;

6, the consequences of social security payments: not to pay the social security payment time;

7, the social security payment time: the social security payment is not the time to pay the social security payment.

6. Consequences of social security payment: If you don't pay social security on time, both the unit and the individual may face legal responsibility, and the individual employee's social security rights and interests will also be affected.

In summary, the enterprise in the case of non-payment of social security, you can pay employees through the public account or cash, but this practice violates the provisions of the labor law, the enterprise should pay the social security in accordance with the law, otherwise employees can ask to make up for the payment or to take legal action in order to safeguard their rights and interests.

Legal basis:

Social Insurance Law of the People's Republic of China

Article 57

An employer shall, within thirty days from the date of its establishment and on the basis of its business license, certificate of registration, or seal of the unit, apply for registration of social insurance with the local social insurance agency. The social insurance agency shall examine and approve the application within fifteen days from the date of receipt of the application and issue the social insurance registration document. If the employer's social insurance registration matters change or the employer is terminated in accordance with the law, the employer shall, within thirty days from the date of change or termination, apply to the social insurance agency for change or cancellation of social insurance registration. The market supervision and management department, the civil affairs department and the organization and establishment management organs shall promptly notify the social insurance agency of the establishment or termination of the employer, and the public security organs shall promptly notify the social insurance agency of an individual's birth, death, and hukou registration, relocation and cancellation.

Article 58

An employer shall, within thirty days from the date of employment, apply for social insurance registration with the social insurance administration organization for its employees. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums it shall pay. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

The Law of the People's Republic of China on Labor Contracts

Article 38

Where an 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 in time;

(c) failure to pay social insurance premiums for workers in accordance with the law;

(d) violation of laws and regulations by the employer's rules and regulations to the detriment of the rights and interests of the workers;

(e) invalidation of the labor contract due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(f) any other circumstance in which the workers may terminate the labor contract as stipulated by the laws and administrative regulations.

If an employer forces a worker to work by means of violence, threat, or unlawful restriction of personal freedom, or if an employer violates the rules of command or orders risky work that endangers the worker's personal safety, the worker may terminate the employment contract immediately without prior notice to the employer.