Do not sign a labor contract does not buy social security how to compensate

Not signing a labor contract not to buy social security compensation is as follows:

1, the employer does not sign a contract nor pay social security, if more than one month, you need to be in accordance with the actual working time of the workers in the unit, from the second month onwards monthly compensation to the workers double wages, but to eleven months of double wages as a limit;

2, and unpaid social security by the unit in a timely manner to make up for the payment, and by the The collection agency of the social security fees in accordance with the law to add late fees.

Legal risks of enterprises not signing labor contracts:

1, the employer from the date of employment for more than one month less than one year has not entered into a written labor contract with the workers, should pay two times the monthly wages to the workers. Therefore, enterprises should pay double wages when terminating labor relations. If not paid, the employee may apply for labor arbitration;

2. The worker may terminate the labor contract by giving thirty days' notice in writing to the employer. If there is no contract, the worker can terminate the relationship at any time without liability. This makes the enterprise's binding force on the workers weaker;

3, the failure to sign a contract can cause the establishment of an open-ended labor contract. If the employer does not enter into a written labor contract with the worker for one year from the date of employment, the employer is deemed to have entered into an open-ended labor contract with the worker. This is unfavorable to the enterprise;

4. The unit cannot dismiss the worker on the grounds of failing the trial. The employer can terminate the labor contract if the worker is proved to be incompatible with the conditions of employment during the probationary period. Therefore, if you have signed a contract with a probationary period, you can dismiss the employee at any time during the probationary period for not meeting the conditions of employment and not have to pay the economic compensation. Without a contract, there is no probationary period, dismissal of workers must pay economic compensation;

5, without a contract still can not be exempted from the obligation to pay the social security contributions for the workers. The law provides that as long as the labor relationship exists, the enterprise should fulfill the obligations stipulated in the labor law. If they do not, workers can complain to the labor inspection department.

In summary, employers and workers to establish a labor relationship, the need to sign labor contracts and social security payments in a timely manner, the state organs, institutions, social organizations and their workers to establish a labor relationship, do not sign a labor contract or do not pay the social security are illegal, the workers can be through the labor arbitration or the prosecution of the plaintiffs to protect their legitimate rights and interests, the employer needs to do not sign a labor contract and do not pay the social security compensation and compensation. The employer is required to pay compensation for not signing the labor contract and not paying the social security.

Legal basis:

Article 82 of the Law of the People's Republic of China on Labor Contracts

Legal responsibility for not concluding a written labor contract An employer who does not conclude a written labor contract with a worker for more than one month or less than one year from the date of employment shall pay the worker two times his or her monthly wages.

If an employer does not conclude an open-ended labor contract with a worker in violation of the provisions of this Law, the employer shall pay the worker two times the monthly wages from the date the open-ended labor contract should have been concluded.

Article 86 of the Social Insurance Law of the People's Republic of China

If an employer fails to pay social insurance premiums in full and on time, it shall be ordered by the social insurance premium collection agency to pay the premiums within a certain period or make up for the full amount, and shall be charged a late fee of five ten-thousandths of one percent of the total amount of the premiums on a daily basis from the date of the unpaid premiums; and if the premiums are still unpaid after the expiration of the period, the relevant administrative department shall impose a fine of not less than double and not more than triple the amount of the unpaid premiums.