Can the company pay back and compensate the unpaid social security?

If the company fails to pay social security, it can pay back and compensate, because according to the regulations, the company needs to pay social security to its employees. The specific treatment is as follows:

1. The laborer has the right to terminate the labor contract, and the employer shall pay economic compensation;

2. Laborers have the right to demand compensation from the employer for their losses on the grounds that the employer failed to handle social insurance formalities for them and the social insurance agency could not make up for it, resulting in their inability to enjoy social insurance benefits;

3, the social security institutions of the employer's administrative punishment:

(1) The social security agency has the right to directly impose a fine on the employer and the person in charge who have not registered for social security.

(2) Social security agencies have the right to directly impose a fine on employers who fail to pay social insurance premiums in full and on time. 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 accounts in banks and other financial institutions, and may apply to the relevant administrative departments at or above the county level for a decision to allocate social insurance premiums.

Legal basis: Article 86 of People's Republic of China (PRC) Social Insurance Law.

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 88

Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.