How to recover from employees who have not paid social security in full?

Compensation for social security payment difference according to legal payment standard;

1. It is the basic obligation of the employer to pay labor remuneration and social security funds to the workers according to law. However, the calculation standards of labor remuneration and social security fund are often complicated in practice.

2. If the employer violates the good faith, thus delaying payment or refusing to pay, it is the object to be regulated by legislation. Therefore, if the employer fails to pay the labor remuneration in full and on time due to subjective malice, it can be used as the reason for the laborer to terminate the contract.

3. However, due to objective reasons, the calculation standard is unclear and controversial, and the employer fails to pay the labor remuneration in full and on time or fails to pay the social security fund, which cannot be used as the basis for the employee to terminate the contract.

How to solve labor disputes?

After a labor dispute occurs between the employee and the employer, you can choose the following ways to solve it:

1. Negotiation: In case of a labor dispute, the employee may negotiate with the employer, or ask the trade union or a third party to reach a settlement agreement with the employer.

2. Mediation: In case of labor dispute, it can be submitted to the enterprise labor dispute mediation committee, the grassroots people's mediation organization established, and the organization with labor dispute mediation function established in towns and streets. The application for mediation can be made orally or in writing. After reaching a mediation agreement, both parties must perform it.

3. Arbitration: If you are unwilling to mediate, fail to mediate or fail to perform after reaching a mediation agreement, you may apply to the county (district) labor dispute arbitration committee for arbitration. The limitation period for applying for labor dispute arbitration is one year, counting from the day when the parties know or should know that their rights have been infringed. Workers must pay attention to applying in time, otherwise the application will be rejected.

4. Litigation: If you are dissatisfied with the arbitration award of the Labor Dispute Arbitration Commission, you can bring a lawsuit to the people's court. Arbitration is a necessary procedure for litigation, and a lawsuit cannot be brought directly without arbitration. It should also be noted that the lawsuit should be filed within 15 days from the date of receiving the arbitration award, otherwise the people's court will not accept it and the arbitration award will take effect.

Generally speaking, if an employer fails to pay social insurance to its employees and causes losses to them, it shall be liable for compensation according to law. There is no doubt that it is the legal obligation of the enterprise where the employee works to pay social security for the employee. And social security should be paid in full and on time.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 58

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.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 61

Social insurance premium collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment.

Article 62

If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.