The company did not buy social security how to do

The company does not pay the social security method is as follows:

One, clear labor relations: the first choice is to determine whether they signed a labor contract with the company, if not then the company can not pay the social security, signed a labor contract can also not pay the social security.

Two, with the company for consultation: there is a labor contract, you can negotiate with the relevant personnel of the company to deal with the company to pay for their own social security. Because the law provides that the employer shall register its employees for social insurance within thirty days from the date of employment; if the employer does not register for social security, the social security administrative department shall order a period of time for correction.

Third, independent departure: consultation with the company can not meet the requirements, or are not willing to put up with no social security work, you can choose to resign; the law provides that the employer fails to pay the social security for the workers in accordance with the law, you can immediately terminate the labor contract, without prior notice to the employer, and because of the above reasons for the departure of the workers can be claimed to the company to pay economic compensation.

The economic compensation is calculated as follows:

(1) The economic compensation is paid to the laborer according to the number of years the laborer has worked in the unit, and one month's salary is paid to the laborer for each year of service. If more than six months is less than one year, it shall be calculated as one year; if less than six months is less than six months, the economic compensation shall be paid to the worker at half a month's salary;

(2) if the worker's monthly salary is higher than three times the average monthly salary of the workers in the region for the previous year as announced by the people's government of the municipality directly under the central government or the city with districts in the area in which the employing unit is situated, the standard of economic compensation paid to the worker shall be paid at the rate of three times the average monthly salary of the workers and the economic compensation shall be paid to the worker at a maximum of The maximum number of years of economic compensation shall not exceed twelve years; this refers to the monthly wage is the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract.

Four, report to the Social Security Bureau:

(1) If the negotiation fails, leaving the job is still not willing to pay compensation, you can go to the Bureau of Human Resources and Social Insurance under the second level of the Department of Labor Inspection Brigade to complain about the company, the Labor Inspection Brigade has the obligation to verify the social security of the business unit. The social insurance premium collection agency will order the company to pay or make up the amount within a certain period of time and add a late fee of five ten thousandths of a cent per day from the date of non-payment;

(2) If the company still fails to pay the amount after the expiration of the deadline, the relevant administrative department will impose a fine of not less than double and not more than triple of the amount of the non-payment;

(3) If the company still fails to pay or make up the amount of the social insurance premium after the expiration of the deadline, the social insurance premium collection agency may inquire with the banks and other financial institutions to inquire into their deposit accounts and apply for transfers, including applying to the court for the seizure, attachment, or auction of their property whose value is equivalent to the amount of social insurance premiums to be paid, and using the proceeds of the auction to offset the social insurance premiums;

(4) if the social insurance premium collection agency fails to deal with the complaint made by the laborer to the agency, the laborer may file an administrative lawsuit with the social insurance premium collection agency as the defendant in respect of this kind of administrative omission.

(4) If the worker complains to the social insurance premium collection agency and the agency does not deal with the complaint, the worker can file an administrative lawsuit with the social insurance premium collection agency as the defendant, requesting the court to order the agency to carry out its duties, i.e., to recover the owed social insurance premiums from the defaulting unit.

V. Applying for labor arbitration or suing after arbitration: In case of social insurance disputes between an individual and his employer, the individual can apply for mediation, arbitration, or litigation in accordance with the law. Workers can first apply for labor arbitration. At this time, the application for labor arbitration is a necessary precondition for prosecution to the court.

Legal basis

Article 38 of the Labor Contract Law stipulates that if the employer fails to pay social insurance premiums for the workers in accordance with the law, the workers may terminate the labor contract;

Article 46 stipulates that if the workers terminate the labor contract in accordance with the provisions of Article 38 of the Law, the employer shall pay economic compensation to the workers. Pay economic compensation.

Article 16 of the Labor Law stipulates, "A labor contract shall be concluded for the establishment of a labor relationship."

Article 72 of the Labor Law stipulates, "Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law."