Labor arbitration compensation standard for unpaid social security

The unpaid social security labor arbitration compensation is determined according to the employee's working years in the company. Less than half a year, only need to pay economic compensation for half a month's salary. If they work for less than half a year, they will be compensated for one year, and there are other standards for each year of work.

If the employee terminates the labor contract on the grounds of not paying social security, the unit shall pay economic compensation. These standards are:

(1) The economic compensation shall be paid to the workers according to the standard of one month's salary for each full year.

(2) more than six months but less than one year, according to one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

(3) If the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation shall be three times the average monthly salary of the worker, and the longest period for paying economic compensation shall not exceed 12 years.

(4) The monthly salary refers to the average salary of workers in the twelve months before the termination or termination of the labor contract.

What should I do if I am dissatisfied with the labor arbitration award?

According to the provisions of Article 49 of the Labor Dispute Mediation and Arbitration Law, if there is evidence to prove that the arbitration award stipulated in Article 47 of this Law has any of the following circumstances, it may apply to the intermediate people's court where the labor dispute arbitration commission is located within 30 days from the date of receiving the arbitration award:

(a) the application of laws and regulations is indeed wrong;

(2) The labor dispute arbitration commission has no jurisdiction.

(3) Violating legal procedures;

(4) The evidence on which the award is based is forged;

(5) The other party has concealed enough evidence to affect judicial justice;

(6) An arbitrator, in arbitrating a case, commits bribery, engages in malpractices for personal gain or perverts the law.

It can be seen that if the laborer only doubts the procedure, he can provide witness testimony to prove that he advocates the revocation of the ruling.

At the same time, according to the provisions of Article 50, if a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect. If the laborer just refuses to accept the entity, it is necessary to grasp the limitation of 15 days and sue in time. If the procedures and entities are not satisfied, they should apply and sue at the same time. Arbitration institutions are usually non-governmental organizations, and their jurisdiction to accept cases comes from the agreement of both parties. Without an agreement, they have no right to accept the case.

To sum up, it is Bian Xiao's answer to the compensation standard for unpaid social security labor arbitration, hoping to help you.

legal ground

Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in this unit and the standard of paying one month's salary every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 58 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates that the social insurance fund shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.