What if the company fails to pay social security?

Legal analysis: According to the law, if the employer fails to register, change or cancel the registration of social insurance for employees according to law, or fails to declare the amount of social insurance premiums that should be paid according to the regulations, the social insurance department shall order it to make corrections within a time limit. If the unit does not correct it in time, it will face administrative punishment. If the employer fails to pay social insurance premiums without reason, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and the more serious punishment is to impose a late payment fee of 0.5% on a daily basis from the date of default. The social insurance premium collection agency shall order the employer to pay social insurance premiums. If the employer fails to pay social insurance premiums within the time limit, it shall be fined more than one time and less than three times the social insurance premiums payable. The unit fails to handle social insurance and pay fees for employees according to law. If the circumstances are serious, the responsible person shall be fined more than 5000 yuan 1000 yuan; If the circumstances are particularly serious, a fine of more than 5000 yuan 10000 yuan shall be imposed. Those who fail to pay or make up social insurance premiums within the prescribed time limit may apply to the departments at or above the county level for allocation. If the account balance is insufficient, the unit may be required to provide a guarantee. Those who refuse to provide a guarantee may apply to the people's court for sealing up, distraining or auctioning their equivalent property.

Legal basis: Article 58 of the Social Insurance Law of People's Republic of China (PRC) stipulates that the employer shall apply to the social insurance agency for social insurance registration for employees within 30 days from the date of employment. 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.

People's Republic of China (PRC) (China) Labor Contract Law

Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.