How to compensate for the unit omitted to pay social security

The company missed the payment of social security, you can ask the unit to make up the payment

According to the Labor Contract Law:

1. Article 38: If the employer has one of the following circumstances, the worker can terminate the contract:...... Failure to pay social insurance premiums for workers in accordance with the law ......

2. Article 46: An employer shall pay economic compensation to a worker under any of the following circumstances: 1. If the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law ......

3. Article 47: Economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of employment with the employer. If more than six months is less than one year, it shall be calculated as one year; if less than six months, economic compensation of half a month's salary shall be paid to the laborer ......

Based on the above, you can file an arbitration with the local labor arbitration department to have your unit pay your "social security" and terminate the labor contract to give you economic compensation. If you can't, then sue the People's Court for your legal rights and interests.

Expanded Information

Compensation ratio for company's social security omission

The Administrative Provisions on the Declaration and Payment of Social Insurance Premiums require that employers should apply for the registration of social insurance for their employees and declare the payment of social insurance premiums within 30 days from the date of employment. If the employer fails to register for social insurance, the social insurance organization shall approve the social insurance premiums to be paid by the employer.

Social insurance premiums, as referred to in the regulations, means the basic pension insurance premiums, basic medical insurance premiums, industrial injury insurance premiums, unemployment insurance premiums and maternity insurance premiums that are paid by employers and their employees who participate in social insurance in accordance with the law.

The regulations state that the employer shall inform the employees of the details of the social insurance premiums on a monthly basis, and shall notify the employees' general meeting of the employer annually, or announce the annual payment of social insurance premiums in a prominent place of the employer's residence, so as to accept the supervision of the employees. Employers on behalf of employees to declare the details of the contributions and changes should be signed by the employees themselves, and retained by the employer for inspection.

For some employers did not pay the full amount of social insurance premiums on time, the provisions of the clear, by the social insurance agency ordered to pay or make up the full amount, and from the date of arrears of 0.5 per cent of the daily late payment fee; overdue payment is still not paid by the social insurance administrative department of the amount of arrears of more than one times the amount of three times the following fine.

Baidu Encyclopedia - Regulations on the Implementation of the Labor Contract Law of the People's Republic of China