The company delayed buying social insurance for me for four months. How will the company compensate me? What is the standard? What is the legal basis?

If the company delays the purchase of social insurance for its employees for four months, employees can demand twice the compensation if they want to terminate the labor contract. The legal basis is the Labor Contract Law of People's Republic of China (PRC).

Legal analysis

If you don't pay social security during the three-month probation period, you have to pay compensation: 1. Negotiate with business units and ask them not to pay social security for themselves. If the unit still does not pay, then the employee has the right to terminate the labor contract voluntarily. 2. Complain to the labor inspection brigade, and the labor inspection brigade will send people to the unit for investigation. If the situation meets, the unit will face corresponding punishment, and of course, the social security owed by employees will also be filled. 3. When applying for labor arbitration, the relevant departments will require the units involved to pay back the social security of employees and pay certain economic compensation. If the company does not sign labor contracts with employees or pay social security for employees, according to the regulations, the company and employees will bear twice the economic compensation during the cooperation period, then the company will pay a higher price and employees will also get corresponding compensation. During the probation period, the employer is also obliged to pay social security for employees. It is illegal not to pay social security and sign labor contracts. The probation period in a labor contract shall be agreed upon by both the employer and the employee through equal consultation, and shall not be imposed by the employer. The probation period is included in the term of the labor contract, and the probation period cannot be counted out of the labor contract, that is, the labor contract is signed after the probation period expires. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

legal ground

Article 19 of the Labor Contract Law of People's Republic of China (PRC) * * * If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period. A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

Article 82 of the Labor Contract Law of People's Republic of China (PRC) * * * If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.