If the company does not pay social security, how should employees solve it?

It is mandatory for the company to pay social security for its employees, and there is no room for discussion. The company cannot refuse to pay social security for its employees on the grounds of no money, nor can it reduce the social security contribution base of its employees on this ground. Even if employees are forced or coerced by enterprises to write an application that "individuals apply for not paying social security", it is illegal. Social security is a compulsory social welfare for employees, and the company should pay it for employees, otherwise it is illegal. But in reality, in order to save costs, many companies openly despise the world and openly fail to pay social security for their employees. How should employees safeguard their legitimate rights and interests?

1. Complain to the tax bureau. The tax bureau is the collection department of social security. The company does not pay social security for employees, and employees can complain to the tax bureau. After verification, the tax bureau will order the company to pay social security within a time limit. If the company fails to pay the social security within the time limit, the tax bureau can inquire about the company's bank accounts and other financial accounts, and then apply to the relevant administrative departments at or above the county level to decide to allocate social security fees, and then notify the banks or other financial accounts in writing to allocate social security fees. If the balance of the company's bank account or other financial account is insufficient to pay social security, the tax bureau may require the company to provide guarantee and sign a deferred payment agreement. If the company does not provide guarantee, the tax bureau can apply to the local people's court to seal up the company's property, and then auction to pay social security.

In addition, if the company fails to pay social security for its employees, the tax bureau will order the company to pay back the social security within a time limit, and add a late fee of 0.5% of the social security amount payable on a daily basis from the date of default. If the company fails to pay within the time limit, the tax bureau may impose a fine of more than one time but less than three times the amount payable. So under normal circumstances, as long as employees complain to the tax bureau, the tax bureau requires the company to pay social security for employees, and the company will be obedient!

Second, apply for labor arbitration. The company does not pay social security for it. At this time, in order to protect their legitimate rights and interests, employees can choose to leave their jobs voluntarily, and then apply for labor arbitration, claiming that the company should pay social security and bear economic compensation. To apply for arbitration to the labor arbitration committee where the company is located, the materials to be prepared include arbitration application, labor contract, salary payment record, work clothes, work card, etc. The Labor Arbitration Commission will hold a court session on another day after filing the case, and then decide the company to lose the case, pay social security for employees and pay economic compensation at the same time. The economic compensation is based on the average salary of the employee 12 months before leaving the company, and one month's salary is paid every year. Those who have worked for more than six months but less than one year are counted as one year, and those who have worked for less than six months are paid half a month's salary.