What to do if the employer fails to pay the social security

Legal analysis: According to the relevant national laws and regulations, if the employer fails to pay the social security, the worker can ask the employer to make up for it. Laborers should reflect the situation with the unit, show the list of missed social security contributions. If the employer promises to make up for the missed payments, but the employer fails to do so, the worker can file a complaint with the local social security bureau.

Legal basis: Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

Article 63 If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or make up the full amount. If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; and may 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 the depositary banks or other financial institutions of the allocation of social insurance premiums. If 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. If the employer fails to pay the 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 the property whose value is equal to the social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.