What if the unit fails to pay social security for three months?

Labor arbitration can be conducted to the relevant departments, and of course, evidence needs to be preserved.

In modern society, the signing of labor contracts is used to protect the relevant interests of workers, so workers are more cautious in this respect, but there are cases where they do not sign labor contracts and pay social insurance.

What if I don't pay social security for a three-month labor contract?

1. Provide valid evidence and apply to the labor department for labor arbitration.

Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations 12 stipulates that if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

2. On the grounds that the company has not paid social security, you can leave the company immediately by submitting your resignation letter to the company in writing. You can also claim that the unit pays social security for you, and the unit pays you 1 month salary economic compensation every year you work. Legal basis: Articles 17, 38, 46 and 47 of the Labor Contract Law.

3. If no labor contract is signed, you can ask for double salary from the second month to one year. Legal basis: Article 82 of the Labor Contract Law.

If the company fails to sign a labor contract with the employee within one month from the date of the establishment of the employment relationship, the employee may claim double salary compensation. Workers should pay attention to double wage compensation:

The failure to sign a labor contract must be caused by the employer.

In practice, there will be cases where workers deliberately do not sign labor contracts with employers. In this case, if the employer has evidence to prove that the labor contract was not signed because of the intentional behavior of the employee, then the employee cannot claim double wage compensation at this time.

② No employment registration form containing the contents of labor contract has been signed.

The general employment registration form simply gives the registration information of the next employment, but in some employers, the items to be filled in the employment registration form include the necessary contents of the labor contract. In the application of law, this employment registration form is equivalent to a labor contract, and this case cannot claim double salary compensation.

1. According to Article 72 of the Labor Law, employers and employees must participate in social insurance and pay social insurance premiums according to law.

2. Paragraph 3 of Article 38 of the Labor Contract Law stipulates that if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract.

3. Paragraph 1 of Article 46 of the Labor Contract Law stipulates that if an employee terminates the labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee. Article 47 stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

4, if the employer violates the relevant provisions, workers can complain to the local labor security supervision institutions; If there is a labor dispute between the employee and the employer, they may apply to the labor dispute arbitration institution for arbitration.

The Labor Law has made the following provisions on labor contracts and labor relations:

Article 10 To establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 11 If the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly hired employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.

The Social Insurance Law has made the following relevant provisions on employees' social insurance:

Tenth employees should participate in the basic old-age insurance, the basic old-age insurance premiums paid by the employer and employees.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Second, other provisions.

Eleventh basic old-age insurance to implement the combination of social pooling and individual accounts.

The basic old-age insurance fund consists of employers, individual contributions and government subsidies.

Twenty-third employees should participate in the basic medical insurance for employees, and the employer and employees should jointly pay the basic medical insurance premiums in accordance with state regulations.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.

Article 24 The state establishes and improves the new rural cooperative medical system.

Measures for the administration of the new rural cooperative medical system shall be formulated by the State Council.

Article 25 The state establishes and improves the basic medical insurance system for urban residents.

No matter according to China's labor law or labor contract law, it is clear that employers must pay social insurance for workers. If they fail to pay social insurance, they need to keep it well and collect relevant evidence, and then file an arbitration with the labor arbitration department or bring a lawsuit directly to the court. In this process, it is best to find a lawyer to represent them.

Legal basis:

People's Republic of China (PRC) (China) Labor Contract Law

Article 2 Scope of Application of this Law This Law is applicable to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employing units) in People's Republic of China (PRC), which establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts.

State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.

Article 3 Basic Principles The conclusion of a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus through consultation, honesty and credibility.

The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 Rules and Regulations The employing unit shall establish and improve the labor rules and regulations according to law, so as to ensure that workers enjoy their labor rights and fulfill their labor obligations.

When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.

In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.

The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.