Job Recruitment Website - Social security inquiry - How can the company compensate for not paying social security?

How can the company compensate for not paying social security?

Legal analysis:

The company's compensation for not paying social security is that it can pay one month's salary as compensation for each year of work; If the unit refuses to pay this compensation, it can also directly apply for labor arbitration, and the labor department will solve the dispute between the two parties, thus safeguarding its own rights and interests. Social security is social insurance, including industrial injury insurance, unemployment insurance, maternity insurance, old-age insurance and medical insurance. It is compulsory insurance that enterprises must pay to employees according to the labor law. This is a livelihood insurance, not for profit. Social insurance can provide the most basic insurance protection for employees. Social insurance is an important part of the social security system and occupies a core position in the whole social security system. In addition, social insurance is a contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance benefits if they fulfill their statutory payment obligations and meet the statutory conditions.

Legal basis:

Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for 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.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Derivative problem:

How to pay social security

1. If the employee purchases social insurance through the employer, it shall be withheld and remitted by the employer. After withholding, the employing unit shall inform it of the details of paying social insurance premiums on a monthly basis; 2. Workers who voluntarily participate in social insurance can pay social insurance premiums directly to social insurance premium collection agencies, and workers can pay social insurance premiums directly to social insurance handling centers.