The fastest solution to default on social security

It can be solved in the following ways:

1, negotiate with the company.

2. If negotiation fails, go to the labor administrative department where the company is registered to complain about the company and ask the company to pay back the social security.

3. arbitration. Submit to the labor dispute arbitration committee where the company is located or where it actually works for arbitration, and ask the company to pay back the social security.

4. litigation. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court where the company is located or where you actually work.

The concept of social security:

Social insurance is the most important part of the social security system. Therefore, when discussing the history of social insurance, social insurance cannot be separated from social security.

Social insurance refers to the system that the state establishes a social insurance fund through legislation to give necessary material help to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit.

To sum up, if the company defaults on social security, it can provide the following methods to deal with it: complain to the social insurance fee collection agency, which will order it to pay within a time limit and add a late fee; The laborer directly unilaterally terminates the labor contract and requires the company to refund compensation and pay economic compensation; Others.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 84

If the employer fails to apply for social insurance registration, 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 more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 500 yuan and less than 3,000 yuan.

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.

People's Republic of China (PRC) (China) Labor Contract Law

Article 38

Under any of the following circumstances, the employee may terminate the labor contract:

(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.