The company did not pay my social security can get compensation?

A company's legal obligation to pay social security

According to China's Social Insurance Law, employers should pay social insurance premiums for their employees, including pension insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. This is the company's legal obligation and cannot be shirked or refused.

II. Employee's right to claim compensation

If the company fails to pay social security contributions for you, you have the right to ask the company to make up for the contributions, and you can ask the company to pay for the losses caused to you due to the non-payment of social security contributions. These losses may include medical expenses, loss of pension, etc. due to not enjoying social security benefits.

Third, the right to defend the way and the procedure

After discovering that the company has not paid the social security for you, you should firstly negotiate with the company, and ask the company to make up for the payment of social security and pay the corresponding compensation. If the company refuses to fulfill its obligations, you can file a complaint with the local labor inspection department, or apply for labor arbitration, or even file a lawsuit with the court.

In the process of defending your rights, you need to prepare relevant evidence, such as labor contracts, pay slips, social security payment records, etc., in order to prove the fact that the company has not paid social security for you. At the same time, you also need to understand the relevant laws and regulations, so that you can accurately invoke the legal provisions in the process of defending your legitimate rights and interests.

Four, notes

In the process of defending your rights, you should remain calm and rational rights. Avoid overly aggressive behavior or rhetoric, so as not to affect the effect of rights defense. At the same time, you can also consult a professional lawyer or legal organization to get more specific legal advice and help.

In summary:

If the company has not paid social security for you, you have the right to ask the company to make up the contributions and pay the corresponding compensation. In the process of defending your rights, you need to understand the relevant laws and regulations, prepare sufficient evidence, and choose the appropriate ways and procedures to defend your rights. Defending your rights and interests through legal channels is an effective way to protect your rights and interests.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58 stipulates:

The employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums to be paid by the employer.

The Social Insurance Law of the People's Republic of China

Article 63 stipulates:

If an employer fails to pay its social insurance premiums in full and on time, the social insurance collection agency shall order it to pay them by a certain period of time, or to pay them in full. If the employer fails to pay the social insurance premiums in full or on time, the social insurance collection agency may inquire into the deposit accounts of banks and other financial institutions; it may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the banks or other financial institutions with which it has accounts to allocate the social insurance premiums. If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the social insurance premiums that should be paid, and the proceeds of the auction will be used to offset the payment of social insurance premiums.