How to solve the problem that the company has not paid social security?

According to the labor law, social security is compulsory. It is illegal for any unit not to pay its employees. You can report to the local labor department and apply for arbitration to pay back the previous social security in order to obtain economic compensation. It is worth noting that safeguarding rights must be carried out through formal and legal channels.

1. What if the company fails to pay social security? What should I do?

According to the relevant laws and regulations, the unit shall handle the social insurance formalities for employees and pay social insurance premiums for employees, and the part borne by individuals shall be withheld and remitted by the unit from my salary.

Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as proof of the formation of labor relations between employees and units. According to the Labor Contract Law, Social Insurance Law and other relevant laws, as long as there are labor relations, enterprises should handle social security for employees.

For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc. Once the unit does not apply for social security, it can go to the labor arbitration institution where the enterprise is located for arbitration. The local labor department will issue an arbitration opinion, and employees can ask the enterprise for reissue and new social security according to the arbitration opinion.

Second, the main differences between social insurance and commercial insurance

1, achieving different purposes. Social security is the basic guarantee for social members when necessary, not for profit; Commercial insurance is the commercial operation of insurance companies, aiming at profit;

2, the implementation is different. Social insurance is compulsory according to national legislation, while commercial insurance follows the principle of "freedom of contract" and is voluntarily insured by enterprises and individuals;

3. The subject and object of implementation are different. Social insurance is raised, managed and distributed by special institutions set up by the state, targeting social members within the legal scope; Commercial insurance is managed by insurance companies, and the applicant can be anyone who meets the underwriting conditions;

4. Different protection levels. Social insurance provides the most basic protection for the insured, which is higher than the social poverty line and lower than 50% of the average social wage, with a low degree of protection; The level of protection provided by commercial insurance depends entirely on the agreement of both parties and the amount of premium paid by the insured. As long as the insured meets the insurance conditions and has a certain ability to pay, he can get a high level of protection.

Third, the characteristics of social insurance

1, features 1: The objective basis of social insurance is the risks existing in the labor field, and the object of insurance is the workers themselves;

2. Feature 2: The subject of social insurance is specific. Including workers (including their relatives) and employers;

3. Feature 3: Social insurance is compulsory;

4. Feature 4: The purpose of social insurance is to maintain the reproduction of labor;

5. Feature 5: The insurance fund comes from the contributions and financial support of employers and workers. Insurance coverage is limited to employees, excluding other social members. The insurance coverage is limited to all kinds of risks in labor risks, excluding other risks such as property and economy.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 84 of People's Republic of China (PRC) Social Insurance Law. If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.