What if the employer fails to pay social security to employees?

If the employer fails to pay social security to the employee, the employee can solve the problem in the following ways: first, negotiate with the employer, and if an agreement is reached, the employer will purchase social security for the employee; Second, if the two parties fail to negotiate, the laborer may apply to the local labor dispute arbitration commission for arbitration and ask the employer to pay.

Legal analysis

If the employer fails to pay the corresponding social insurance, the laborer can calculate the corresponding social insurance premium and then demand direct compensation for the corresponding monetary expenses. Compensation should be determined according to the specific circumstances. If the employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand economic compensation, with the salary of 1 year and 1 month. And you can apply for labor arbitration or labor supervision complaints and ask for social security. If the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor and social security or the tax authorities shall order it to pay within a time limit. If it fails to pay within the time limit, in addition to paying the unpaid amount, a late fee of two thousandths will be charged on a daily basis from the date of default. Late payment fees are incorporated into social insurance funds. For the social insurance premium that the employer claims to pay, the employee can calculate the social insurance that the employer should pay for the employee in accordance with the law or in accordance with the contract from the date when the labor relationship is established.

legal ground

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

Article 62 If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63 If an 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 for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.