The company does not sign a labor contract and does not pay social security how to do

The employer violates the provisions of the labor law, do not pay or do not pay in accordance with the provisions of the law are illegal, are required to bear the corresponding legal responsibility:

1, the worker has the right to terminate the labor contract, the employer shall pay economic compensation.

Based on the provisions of Article 38 of the Labor Contract Law: the employer has one of the following circumstances, the worker can terminate the labor contract:

(a) not in accordance with the labor contract agreement to provide labor protection or labor conditions;

(b) not timely and in full payment of labor remuneration;

(c) not in accordance with the law for the worker to pay the social security contributions

(4) Where the rules and regulations of the employer violate the provisions of laws and regulations to the detriment of the rights and interests of the workers;

(5) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(6) In other cases where the laws and administrative regulations stipulate that the workers may terminate the labor contract.

Article 46 states that the employer shall pay economic compensation to the worker under any of the following circumstances:

(1) If the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

The above law gives the worker the right to terminate the labor contract immediately without written notice if the employer fails to pay the worker's social insurance premiums in accordance with the law. No prior notice is required. The employer should also pay the worker economic compensation, or twice the amount of the economic compensation if it is not paid.

2. Workers have the right to demand compensation from the employer for their losses on the grounds that the employer has failed to carry out the social insurance procedures for them and the social insurance agency is unable to make up for this failure, making it impossible for them to enjoy the social insurance benefits. (For more details, please refer to my work "judicial interpretation of labor disputes (three)" qi jingzhi lawyer interpretation)

Based on the supreme people's court on the trial of labor disputes on the application of the law of the interpretation of a number of issues (three) of the provisions of the first article:

Laborers to the employer did not apply for social insurance procedures, and the social insurance agency can not be replaced, resulting in the employer is unable to enjoy the social security Where a dispute arises over a worker's claim for compensation for losses incurred by the employer on the grounds that the employer has failed to carry out social insurance procedures for him and the social insurance agency has been unable to make up for the failure to enjoy social insurance treatment, the people's courts shall accept the case.

Before the introduction of this judicial interpretation, the labor arbitration agencies and courts generally rejected the workers' request for the employer to compensate the workers for the unpaid social security directly. Although they would support a worker's request for the employer to make up for the social security payment, the social security agencies explicitly refused to handle the payment, which made the worker's request virtually impossible to realize.

And the judicial interpretation of this article, will have a huge and far-reaching impact on the employer in the payment of social security!

3, the social security agency to the employer's administrative penalties.

(1) The social security agencies have the right to impose direct fines on employers and persons in charge who do not register for social security.

Article 84 of the Social Insurance Law stipulates that if an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; if it fails to make corrections after the expiration of this period of time, it shall impose a fine of not less than double and not more than triple the amount of social insurance premiums payable on the employer, and impose a fine of not less than five hundred and not more than three thousand yuan on the persons in charge of the employer and others directly responsible for the employer.

(2) The social security organization has the right to impose a direct fine on an employer who fails to pay social insurance premiums in full and on time.

Article 85 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order the employer to pay the premiums by a certain date or make up the full amount of the premiums, and shall impose a fine of five ten thousandths of a percent of the amount of the premiums on a daily basis from the date of the unpaid premiums; and if the premiums are not paid after the expiration of the period, the administrative department shall impose a fine of at least one but not more than three times the amount of the unpaid premiums. Second, the social security collection agency of the unpaid or unpaid employer compulsory measures.

(1) The social security collection agency has the right to apply for direct debit of the employer's bank account.

Article 63 of the Social Insurance Law stipulates that if an employer fails to pay or replenish social insurance premiums even after the expiration of the period of time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; and it may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing to the banks of its account or other financial institutions of the allocation of social insurance premiums. Where the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums.

(2) The social insurance premium collection agency has the right to apply to the court for the seizure, attachment or auction of the property of the employer.

Article 63 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of property whose value is equal to the social insurance premiums that should be paid, and the proceeds from the auction shall be offset against the social insurance premiums.

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