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How to compensate for not buying social security?
Participating in social insurance for workers is the basic legal obligation of employers, which has been confirmed by China's labor law, labor contract law, social insurance law and other laws. All behaviors of employers that fail to pay or pay social insurance premiums in full are illegal acts prohibited by law. The illegal behavior of the employer not only violates its own legal obligations, but also seriously damages the legitimate rights and interests of workers, and must bear the responsibility for the consequences. If this behavior causes losses to the laborers, it shall also compensate the laborers for their losses.
According to relevant regulations, if the employer fails to pay, pay in full or pay social insurance premiums on time, its responsibilities include:
(a) compensation for workers have little or no loss of unemployment insurance benefits.
(two) to bear the maternity insurance benefits for female employees that should be paid by the maternity fund.
(three) to bear the fines, late fees and other expenses related to work-related injury insurance premiums.
(four) bear the basic old-age insurance related fines and other expenses.
(five) compensation for other expenses caused to workers.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 47 of the Labor Contract Law
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. 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.
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