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If the company fails to pay social security, how can employees compensate for their resignation?
According to Article 38 of the Labor Contract Law, the employee may terminate the labor contract under any of the following circumstances: (3) Failing to pay social insurance premiums for the employee according to law. If the employer pays social insurance premiums for workers in violation of regulations, the workers may resign. According to the first paragraph of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the workers. Workers can also ask their employers to pay social security fees. If there is any dispute, the laborer may apply to the Labor Arbitration Committee for arbitration (free of charge) to protect his rights according to law. Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the standard that the employee pays one month's salary for every year of working in the 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 divided into 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 in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Legal objectivity:
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.
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