If my former employer didn't pay insurance, can I apply for compulsory layoffs?

If my former employer didn't pay insurance, can I apply for compulsory layoffs?

If the original unit fails to pay insurance, employees can complain to the local social security department and apply for compulsory downsizing.

According to the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums in full and on time. If the employer fails to pay social insurance premiums in full and on time, the social insurance agency may take necessary measures to force the employer to pay. Therefore, if the original unit fails to pay insurance, employees can complain to the local social security department and apply for compulsory layoffs.

When applying for compulsory layoffs, you need to provide relevant supporting materials, such as labor contracts, salary slips, social security payment certificates, etc. The social security department will conduct an audit according to the specific situation, and if it is confirmed that the original unit does have the behavior of owing insurance, it will take corresponding measures to force staff reduction.

To sum up, the former company that has left the company can apply for compulsory layoffs if it has not paid insurance.

Legal basis:

Article 63 of the Social Insurance Law of People's Republic of China (PRC) stipulates: "If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and use the auction proceeds to offset the social insurance premium. "