What if the company doesn't pay social security?

If the company fails to pay social insurance according to law, the employee can immediately terminate the labor contract on this ground and ask the employer to pay economic compensation. The economic compensation shall be calculated according to the number of years the laborer has worked in this unit. Pay a month's salary every year For more than six months but less than one year, one month shall be paid; Less than six months, half a month's salary.

Legal analysis

If the company fails to pay social security, employees can immediately terminate the labor contract on this ground. Moreover, in this case, the unit that terminates the labor contract shall pay the economic compensation to the employee, and pay the employee one month's salary according to the standard of working in the unit for every full year. For more than six months but less than one year, it shall be counted as one year; Less than six months, pay employees half a month's salary. If the company fails to pay social insurance, the employee can terminate the labor contract at any time and go through normal resignation procedures, and the employee has the right to ask the employer to pay social insurance premiums. It is illegal for the employer to violate the law and not pay or not pay according to the regulations, and it is necessary to bear corresponding legal responsibilities. The people's court shall accept the disputes arising from the failure of the employer to handle the social insurance procedures for the workers and the inability of the social insurance agency to make up for them, which leads to the inability of the workers to enjoy social insurance benefits. It is in compliance with laws and regulations to pay a certain percentage of social security for company employees. In case of default, workers can report in time or to the local labor department to safeguard their legitimate rights and interests. At the same time, social security, industrial injury insurance, medical insurance and other benefits should be explained in detail during the employee's employment period to ensure the employee's right to know.

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.