Do not pay social security to employees to win the case

Legal analysis: In January 2008, Mr. Ding joined a property company and worked as a maintenance worker. After joining the company, a property company has not paid social security for Dingmou, but also often arranged for Dingmou overtime. 2013 July, due to disagreement with the leadership, Dingmou decided to resign, but considering the unit has not paid social security for many years, Dingmou to the unit to ask for appropriate compensation. The case was accepted by the labor arbitration department and arranged for a hearing in accordance with the law. The attorney submitted the appropriate evidence. A property company replied that Ding voluntarily did not pay social security, but did not provide the appropriate evidence to prove it. In the end, the labor arbitration department supported Ding's arbitration request, according to the law ruled that a property company to pay Ding the corresponding economic compensation for overtime pay.

Legal basis: "The Chinese People's **** and the State Labor Contract Law" Article 38 The employer has one of the following circumstances, the worker can terminate the labor contract: (a) not in accordance with the labor contract agreement to provide labor protection or labor conditions; (b) not timely and in full payment of labor remuneration; (c) not in accordance with the law for the workers to pay social insurance premiums; (d) the employer's regulations are in violation of laws or regulations and are detrimental to the rights and interests of the workers; (e) the labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of this Law; and (f) other circumstances under which the workers may terminate the labor contract as stipulated by laws or administrative regulations. If an employer forces a worker to work by violence, threat or unlawful restriction of personal freedom, or if an employer commands or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may immediately terminate the labor contract without prior notice to the employer.