Job Recruitment Website - Social security inquiry - Labor law does not buy social security regulations.
Labor law does not buy social security regulations.
1. Employers and workers must participate in social insurance and pay social insurance premiums. This actually means that paying social security is the responsibility of both workers and employers. Workers are also not allowed to unilaterally apply for not paying social security;
2. If the employer fails to pay social security to the employee, the employee may propose to terminate the labor contract, the employer shall pay economic compensation, and the employee may also apply for unemployment benefits.
3. If the employer fails to pay social security for the employee, the employee may unilaterally terminate the labor contract and ask the employer to pay economic compensation;
4. Laborers can also complain to the labor administrative department or the social insurance premium payment institution and ask them to help safeguard their rights; Others.
Unpaid social security compensation is as follows:
1. Pay one month's economic compensation every full year;
2. Pay social security during the duration of labor relations;
3. If the labor contract is not signed, the maximum double salary will be 65438+February.
To sum up, it is obviously a violation of the relevant provisions of the Labor Contract Law that the company does not purchase social security for employees. Workers can file a labor arbitration with a labor arbitration institution according to law, require the employer to compensate for their own losses, and purchase social security according to law. The labor arbitration institution shall make an award according to the actual situation and impose penalties. If the employer refuses to implement it, the dispute between the two parties can be resolved through litigation.
Legal basis:
Article 58 of People's Republic of China (PRC) Social Insurance Law
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Article 38 of People's Republic of China (PRC) Labor Contract Law
Article 3 stipulates that if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.
Article 46
The first paragraph stipulates that if an employee terminates the labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the employee.
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