Job Recruitment Website - Social security inquiry - How does the unit compensate employees for not paying social security?
How does the unit compensate employees for not paying social security?
The parties may require the employer to pay back the social security, and if the other party does not agree to pay back the social security, they may request the termination of the labor contract and obtain corresponding compensation; According to the provisions of Article 38 of China's Labor Contract Law, if the employer fails to insure social security for the employee, the employee may terminate the labor contract, and the employer shall pay economic compensation in accordance with the provisions of Article 46 of this Law; The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the employer refuses to pay social security and economic compensation for the parties, the parties may apply to the labor department where the employer is located for labor arbitration. If they are dissatisfied with the results of labor arbitration, they may also sue for rights protection. How to compensate?
Compensation can be divided into two categories: first, let the company pay (reissue) social security. There are also insurance losses (medical care, maternity, unemployment) caused by not paying social security during work. The first item is very simple, that is, let the other party pay the social security fee. The second item means that if you are hospitalized during this period and some expenses need to be reimbursed by paying social security, the company will bear the economic losses on specific issues such as medical reimbursement because the company has not paid social security for you. If you pay social security during this period, you can ask the company for cash compensation.
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