How can I sue for compensation if social security can't be paid?

1. Ask the employer to compensate the losses caused by the failure to pay social security through litigation: the court shall accept the losses caused by the employer's failure to go through the social security registration procedures and the loss caused by the workers' inability to enjoy social insurance benefits.

Second, the employer is required to bear the obligation of payment and the corresponding responsibility of administrative punishment: The Provisional Regulations on the Collection and Payment of Social Insurance Fees stipulates the legal responsibility of the employer when it fails to pay social security for the workers according to law. These include: paying late fees according to law, paying late fees, and imposing administrative penalties on units and related responsible persons. Workers can first complain to the local social security inspection department and ask the employer to pay back the money according to law.

3. Claim for economic compensation for failing to pay social security according to law: According to the relevant provisions of the Labor Contract Law, if the employee terminates the labor contract on the grounds that the employer fails to pay social security for him according to law, the employer has the legal obligation to pay economic compensation. No matter whether the employer pays social security for the workers or not, under this condition, the employer cannot be exempted from the obligation to pay economic compensation.

First, the prosecution procedure.

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:

(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.

6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.

II. Materials to be submitted for prosecution

1. A complaint, also known as an indictment, is necessary to bring a lawsuit to the court and explain the case and the legal documents we advocate. (For specific writing, please refer to the article "Basic Forms and Writing Essentials of Civil Complaints" written by me.

Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents. (that is, if there are several opponents, submit several copies, and then add 1 in court. )

2. Materials to prove the identity of the parties.

Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book.

If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint.

3. Basic evidence to prove your claim.

Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is usually submitted at the trial.

4. Authorization and entrustment procedures.

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.