What if the unit fails to pay social security in full?

Legal analysis: China's social security is divided into urban workers' social insurance, urban flexible employment social insurance, urban residents' social insurance and new rural social endowment insurance. From the perspective of composition, social insurance for urban workers includes five insurances (if maternity insurance is incorporated into medical insurance, it is four insurances); The social insurance for urban flexible employees only includes two insurances (maternity insurance, work injury insurance and unemployment insurance are not required), and flexible employees can voluntarily participate in the basic old-age insurance for employees; Social insurance for urban residents refers to the social insurance enjoyed by urban residents. The purpose, method and amount of payment are different. The employer fails to pay social insurance premiums in full and on time, and shall bear the following responsibilities:

1, compensate the workers for their little or no unemployment insurance benefits losses.

2, bear the maternity insurance benefits of female workers should be paid by the maternity fund.

3. Bear the fines, fines and other expenses related to industrial injury insurance.

4, bear the basic old-age insurance related fines and other expenses.

5, compensation for other expenses caused to workers. For example, due to the employer's failure to pay social insurance premiums, it is impossible to transfer files in time, which will affect the wage loss of the re-employment of workers. If there is a dispute over the employer's failure to apply for social insurance for the workers, and the workers demand compensation for the losses, they may directly bring a lawsuit to the people's court.

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

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and 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.

Fifth people's governments at or above the county level shall incorporate social insurance into the national economic and social development plan.

The state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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.

Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to perform the statutory duties of social insurance;

(2) Failing to deposit the social insurance fund into the special financial account;

(3) Deducting or refusing to pay social insurance benefits on time;

(four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records;

(five) other acts in violation of social insurance laws and regulations.