What if the company doesn't pay social security to its employees?

The company does not pay social insurance to employees;

1. The employee can immediately terminate the labor contract without notifying the employer in advance, and ask the employer to pay economic compensation;

The calculation method of economic compensation is as follows:

(1) The economic compensation shall be paid to the workers according to the standard of 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, it shall pay economic compensation of half a month's salary to the laborer;

(2) If the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation shall be three times the average monthly salary of the worker, and the longest period for paying economic compensation shall not exceed 12 years; This month's salary refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

2 can also report to the administrative department of social insurance, which shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the employing unit and its directly responsible personnel in charge and other directly responsible personnel shall be fined.

3. Apply for labor arbitration or file a lawsuit after arbitration:

Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. Laborers can apply for labor arbitration first. At this time, applying for labor arbitration is a necessary prerequisite for bringing a lawsuit to the court.

legal ground

People's Republic of China (PRC) labor contract law

Article 38 A laborer 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.