How to compensate for not buying social security?

Legal analysis: if the employer fails to pay social insurance for the employee according to law, it will face the following consequences: if the employee terminates the labor contract because the employer fails to pay social insurance, he may ask the employer to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

The above-mentioned laws give workers the right to terminate the labor contract without written notice or prior notice if the employer fails to pay social insurance premiums for the workers according to law. Moreover, the employing unit should also pay economic compensation to the workers, and if not, it should also pay compensation twice as much as the economic compensation.

Laborers have the right to ask the employer to compensate for their losses on the grounds that the employer failed to handle social insurance procedures for them and the social insurance agency could not make up for it, which led to their inability to enjoy social insurance benefits.

According to article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III)

The people's court shall accept the disputes arising from the failure of the employer to handle the social insurance procedures for the workers and the inability of the social insurance agency to make up for them, which leads to the inability of the workers to enjoy social insurance benefits.

Before the judicial interpretation of this article was promulgated, labor arbitration institutions and courts generally rejected workers' requests for employers to directly compensate workers for failing to pay social security. Although the laborer's request for the employer to pay social security will be supported, because the social security agency clearly does not handle the supplementary payment business, the laborer's request cannot be realized in essence.

The promulgation of this judicial interpretation will have a significant and far-reaching impact on the employer's payment of social security!