What if the company doesn't pay social security?

If the employee terminates the labor contract because the unit fails to pay social security, he may ask the unit to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses. (1) If an employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand payment of economic compensation; Work 1 year, pay 1 month salary. (2) The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year. 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. (three) the employer fails to apply for social insurance registration, and the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. (4) If the company fails to pay social security, it may request to pay social security. It is also illegal for the company not to sign a contract all the time. You can ask the company to pay double wages and not sign a written labor contract. If the company terminates the labor contract illegally, it still has to bear compensation, and the standard of compensation is twice that of economic compensation. If an employee resigns, he may ask the unit to pay economic compensation.

legal ground

Article 38 of the Labor Contract Law of People's Republic of China (PRC) * * * The employee may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.