How can a company defend its rights if it dismisses its employees and does not buy social security?

Ways for laborers to defend their rights: 1, negotiation. After a labor dispute occurs, the laborer can negotiate with the employer to eliminate the dispute. 2. Mediation. After a labor dispute occurs, the laborer may apply to the labor dispute mediation committee of the unit for mediation. 3. arbitration. Arbitration is a necessary procedure to deal with labor disputes. 4. litigation. If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 05 days from the date of receiving the arbitration award.

Legal analysis

According to the relevant provisions of the Labor Law, employers must sign labor contracts with employees and purchase insurance, so it is mandatory to purchase social insurance. Therefore, you can negotiate with the employer to solve the problem. If there is no result, you can apply for labor arbitration or report a complaint to the local labor and social security department, which can be effectively solved. The evidence is to prove the existence of labor relations with the unit, such as salary slips and work cards. According to Article 84 of the Social Insurance Law, if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit. The Minutes of the Work Meeting on the Implementation of the Social Insurance Law also clarifies that if the administrative department of human resources and social security receives reports and complaints about the employer's failure to participate in social insurance according to law, it shall promptly deal with them in accordance with the provisions of Articles 82 and 84 of the Social Insurance Law and Article 27 of the Labor Security Supervision Regulations. Therefore, the complaints about the employer's failure to handle employee insurance shall be handled by the administrative department of human resources security according to law.

legal ground

People's Republic of China (PRC) social insurance law

Article 82 Any organization or individual has the right to report and complain about violations of social insurance laws and regulations. Social insurance administrative departments, health administrative departments, social insurance agencies, social insurance fee collection agencies, financial departments and audit institutions shall, within the scope of their respective functions and duties, handle reports and complaints according to law; If it is not within the scope of responsibilities of the department or institution, it shall be informed in writing and handed over to the department or institution that has the right to handle it. Departments and institutions that have the right to deal with it shall deal with it in time and shall not shirk it.

Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

People's Republic of China (PRC) labor contract law

Article 38 A laborer may terminate the labor contract under any of the following circumstances: (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. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.