How to compensate employees who leave without buying social security?

If the unit fails to pay social security, and the social insurance agency cannot make up for it, resulting in the laborer being unable to enjoy social insurance benefits, the laborer may request the employer to compensate for the losses.

Employees who leave their jobs without purchasing social security should be compensated in this way, including the following expenses:

1, workers get little or no unemployment insurance benefits;

2. Maternity insurance benefits for female employees that should be paid by the maternity fund;

3, work-related injury insurance related fines, fines and other expenses;

4, fines and other expenses related to the basic old-age insurance;

5. Other expenses that cause losses to workers.

The legal risks of employers not paying social insurance to employees are:

1, industrial injury risk and medical expenses

After a major work-related injury accident may occur, the employer will bear high expenses, but at this stage, the social security agency will not bear any responsibility for the work-related injury that occurred before the employer joined the insurance. The expenses originally paid by the industrial injury insurance fund have to be paid by the company. If an employee dies in the line of duty, according to Chinese laws, enterprises have to pay a one-time work-related death subsidy, which is likely to bankrupt a company;

2, the risk of workers' complaints

In order to avoid risks, some units signed agreements with employees and asked to write down the so-called commitment letter. This kind of behavior, whether the employee is unwilling to pay or the unit is unwilling to pay, the employee can unilaterally terminate the contract with the unit at any time on the grounds of not paying social security and ask the unit to make economic compensation. In this kind of labor dispute, the unit often loses the case;

3, the risk of administrative punishment

Social insurance is a social security system implemented by the state.

(1) The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. Without social insurance registration, the social insurance agency shall verify the social insurance premium it should pay;

(II) If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

To sum up, laws and regulations clearly stipulate that participating in social insurance and paying social insurance premiums are mandatory provisions set by law for employers and workers, and are legal obligations that employers and workers must perform at the same time.

Legal basis:

Article 58 of People's Republic of China (PRC) Social Insurance Law

The 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.

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

Article 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.