How to sue if the unit does not pay social security to its employees?

If the unit fails to pay social insurance for the workers according to the regulations, the workers can complain to the labor inspection organ where the enterprise is located, claim their legitimate rights and interests, or complain to the department in charge of social insurance collection and payment of the tax authorities.

Before answering this question, we need to know about China's social security system and related laws and regulations. According to the Social Insurance Law of People's Republic of China (PRC), the employer shall participate in social insurance in accordance with state regulations and pay social insurance premiums in full and on time. If the unit does not pay social security to employees, employees can defend their rights according to law. Here are some suggestions and steps:

1. Collect evidence: First, collect evidence to prove that the unit has not paid social security. These evidences may include payroll, bank flow, social security payment records, etc. Ensure that the evidence is true, complete and legally effective.

2. Negotiate with the unit: After collecting enough evidence, you can try to negotiate with the unit and ask it to pay back the social security. During the negotiation, keep calm and rational, and try to record the communication in writing for future use as evidence.

3. Complain to the labor inspection department: If negotiation fails, you can complain to the local labor inspection department. In China, the labor inspection department is responsible for supervising and managing the labor security work of the employing units. Please call the hotline 12333 for specific complaint procedures and required materials.

4. Prepare prosecution materials: If the complaint is fruitless, you can bring a lawsuit to the people's court. Before prosecution, the following materials need to be prepared:

Complaint: explain the complaint, facts and reasons, and the legal provisions on which it is based.

Evidence materials: including evidence collected before, such as payroll, bank flow, social security payment records, etc.

Identification: such as ID card, household registration book, etc.

Other relevant materials: such as labor contract, proof of dissolution or termination of labor relationship, etc.

5. Bring a lawsuit: submit a complaint and evidential materials to the people's court with jurisdiction. In China, labor dispute cases are usually under the jurisdiction of the basic people's court where the employer is located or where the laborer is located. When you file a lawsuit, you need to pay a certain legal fee.

6. Attend the trial: After the court accepts the case, it will receive a notice of hearing. During the trial, you should state the facts, provide evidence and answer the judge's questions. At the same time, you can also hire a lawyer to provide legal support and representation.

7. Waiting for judgment: After the trial, the court will hear the case and make a judgment. If the case is successful, the court will order the unit to pay back the social security and pay the corresponding compensation. If you lose the case, you can choose whether to appeal according to the verdict.

8. Execution of the judgment: After the judgment takes effect, if the unit fails to perform its obligations according to the judgment result, it may apply to the court for compulsory execution. The court will take some compulsory measures such as freezing the unit account and sealing up property to ensure the protection of rights and interests.

To sum up: in the face of the situation that the unit does not pay social security to employees, employees should actively safeguard their rights and solve the problem through legal channels. In the whole process, keep calm and rational, pay attention to the collection and preservation of evidence, seek the help of professional lawyers, and improve the success rate of rights protection. At the same time, we should also pay attention to the reform and improvement of the social security system by the state and local governments to protect their own rights and interests.

Legal basis:

People's Republic of China (PRC) labor dispute mediation and arbitration law

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This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

Article 50

If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.