Consequences of employees suing the labor bureau for not buying social security

Legal analysis: The consequence of the employer's failure to pay social security is to apply for labor arbitration or report a complaint to the local labor and social security department. Employers must sign labor contracts with workers and buy insurance, so it is mandatory to buy social insurance. Therefore, if the company fails to pay social insurance, it can negotiate with the employer. If not, you can apply for labor arbitration or report complaints to the local labor and social security department.

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. In 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.

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.