What if employees don't pay social security?

Legal analysis: in principle, it is suggested that the unit should make compulsory payment to employees, without exception. If employees really don't want to, the unit should also keep relevant evidence to safeguard their rights and interests, such as asking employees to write personal notes, commitment letters or explanations of the situation, and compensate employees in other ways. None of these methods can absolutely avoid legal risks, and the relevant explanations are likely to be invalid because they violate legal obligations, but these explanations can at least explain the actual situation at that time and prepare for possible lawsuits in the future. Can employees claim financial compensation if they fail to pay social security? There are two situations. If the unit voluntarily fails to pay social security, the laborer can first draft a compulsory resignation letter on the grounds that the unit fails to pay social security and deliver it to the unit. After that, you can apply for arbitration to claim economic compensation from the unit, which is totally acceptable. If employees take the initiative to ask not to pay social security, in Jiangsu Province, workers who ask for economic compensation on the grounds that their units do not pay social security may not get support.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. 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.