Can you claim compensation for not being able to make up social security payments?

Compensation for failure to pay social security standard: you can ask the employer for economic compensation, according to each full year of pay equivalent to one month of the local average monthly wage of the previous year's workers compensation to the workers.

Social security is the law mandatory employers to pay for the workers' insurance, the employer did not pay should be in accordance with the provisions of the retroactive payment; can not make up for the payment of the employee can therefore terminate the labor contract to request economic compensation.

Compensation for failure to make up the social security standard: you can ask the employer for economic compensation, in accordance with the full year of each year the equivalent of one month of the local average monthly salary of the previous year's workers compensation to the workers. Social security is the law mandatory employer to pay for the workers' insurance, the employer failed to pay should be paid in accordance with the provisions of the compensation; can not make up for the payment, the employee can therefore terminate the labor contract to require economic compensation.

Compensation for failure to pay social security can be sued in the following ways:

One, by way of litigation, the employer is required to compensate for the loss due to the inability to complete the social security contributions: on the social security of the loss of compensation for failure to pay the provisions of social security due to the employer's failure to deal with social security registration formalities led to social security can not be, the workers are unable to enjoy the social security treatment of the loss arising from the court shall be admissible.

Second, the employer is required to undertake the obligation to pay and the corresponding administrative penalties: "Provisional Regulations on the Collection and Payment of Social Insurance Premiums" stipulates the employer in the failure to pay the social security of the workers in accordance with the law of the various legal responsibilities. These include the obligation to make up payments in accordance with the law, the payment of late fees, and the imposition of administrative penalties on the employer and those responsible. Workers can first complain to the local social security inspection department in order to require the employer to make up for the payment of the law.

Third, the social security is not paid according to law to make economic compensation claims: according to the relevant provisions of the labor contract law, the workers to the employer did not pay social security for the reason of termination of the labor contract, the employer has the legal obligation to pay economic compensation. Whether or not the employer for the workers to pay social security, in this condition, are not exempted from the employer's obligation to pay economic compensation.

Prosecution process:

1, the parties to the lawsuit, first of all, the indictment should be submitted, and according to the number of the other party to submit the appropriate number of copies. The parties are citizens, should state the names of the parties, gender, age, place of origin, address; the parties are units, should state the name of the unit, address, legal representative or person in charge of the name. The body of the indictment shall state the request and prosecution of the facts, reasons, the end shall be signed or stamped.

2, according to the "who claims that the evidence" principle, the plaintiff to the court shall submit the following materials:

(1) the plaintiff's qualifications. Such as resident identity card, hukou, passport, Hong Kong and Macao compatriot return home certificate, marriage certificate and other evidence of the original and a copy; business units as the plaintiff should submit a copy of the business license, business registration certificate and other materials.

(2) evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (loan, note, etc.), receipt and shipment vouchers, correspondence.

3, the parties to the court to submit documentary evidence, should be filled out in duplicate evidence list, detailing the name of the evidence submitted, the number of pages. Evidence checked by the court contractor, the contractor in the list of evidence signed and stamped, a copy to the parties, a record.

4, the court in the parties to fulfill the necessary formalities and hand over all the relevant evidence, within seven days, to meet the conditions for filing, for filing procedures; do not meet the conditions for filing, ruled inadmissible according to law.

5, the party shall receive the notice of acceptance within seven days from the date of prepayment of case fees and other litigation expenses, such as difficulties, may be in the prepayment period to the Court to submit a written application for a reduction, deferral, exemption, late or written application for deferral, deferral, exemption is not approved and still do not prepayment, the Court will be ruled by the automatic withdrawal of the case.

6, after the filing procedures, the case is scheduled by the court hearing, the parties should be subject to the court's work arrangements, and after the conclusion of the case to the financial office to settle the litigation costs, the more refundable, less compensatory.

Legal basis

"Chinese People's **** and the State Labor Contract Law"

Article 38 The worker unilaterally terminates the labor contract employer has one of the following circumstances, the worker may terminate the labor contract:

(a) failure to provide labor protection or labor conditions in accordance with the agreement of the labor contract;

(b) failure to pay the labor remuneration in full and on time;

(c) failure to pay the labor remuneration in full;

(d) failure to pay the labor remuneration in full and on time. (ii) Failure to pay labor remuneration in full and on time;

(iii) Failure to pay social insurance premiums for workers in accordance with the law;

(iv) Where the rules and regulations of the employer are in violation of laws and regulations and are detrimental to the rights and interests of the workers;

(v) Where an employment contract is null and void due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(vi) Where the laws and administrative regulations provide that (f) Other circumstances under which the laborer may terminate the labor contract.

If an employer forces a worker to work by means of violence, threat, or unlawful restriction of personal freedom, or if an employer directs or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notification to the employer.