Can the company claim double salary compensation if it doesn't pay social security?

After employees join the company, the company should handle all kinds of insurance for employees and pay the housing accumulation fund. However, in order to reduce this expenditure, some companies do not pay five insurances and one gold. So can the company claim double salary compensation if it doesn't pay social security? Today, I collected the following information to answer your question, hoping to help you.

Companies can claim compensation if they don't pay social security, but the compensation amount is not double salary. Details are as follows:

According to Article 38 of the Labor Contract Law, if the social insurance premium is not paid for the employee according to law, the employer shall pay economic compensation to the employee. The payment standard of economic compensation is: one month's salary is paid to the laborer every year according to the number of years he has worked in this unit. 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.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned here refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. Including hourly wages or piecework wages and monetary income such as bonuses, allowances and subsidies.

What if the unit does not pay the housing provident fund?

Housing accumulation fund refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social organizations and their employees, and is a required item.

Articles 37 and 38 of China's Regulations on the Management of Housing Provident Fund clearly stipulate that if the unit fails to register the deposit of housing provident fund or handle the procedures for the establishment of housing provident fund accounts for employees, the housing provident fund management center shall order it to be handled within a time limit; Failing to handle it within the time limit, a fine of 6.5438+0 million yuan and 50,000 yuan shall be imposed. If the unit fails to pay or underpays the housing provident fund within the time limit, the housing provident fund management center shall order it to pay within a time limit; If the deposit is not made within the time limit, it may apply to the people's court for compulsory execution.

To sum up, the company can't ask for double salary compensation if it doesn't pay social security, but it can ask for partial compensation. As for compensation, it should be calculated according to relevant standards. See above for details.