How much can the company compensate for not buying social security for employees?

Hello, if an employee resigns because the employer refuses to apply for social security, the employer must compensate the employee according to his working years and pay one month's salary every year. For more than half a year but less than one year, it shall be counted as one month; for less than half a year, it shall be counted as half a month. Within 30 days after the employee joins the company, the employer must go through the social security registration formalities for the employee. If the employer refuses to go through the social security formalities for the workers, it is illegal, and the workers can safeguard their rights and interests according to law.

1. How much can the company compensate if it resigns and does not buy social security?

If an employee resigns because the employer refuses to apply for social security, the employer must compensate the employee according to his working years and pay one month's salary every year. If it takes less than one year to complete half a year, it will be counted as one month; if it has not been completed for half a year, it will be counted as half a month.

According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right and obligation of the employer to establish a labor relationship with the employee from the date of employment, conclude a labor contract and pay social security within one month. If the employer does not sign a labor contract or participate in endowment insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. You can dissolve the labor contract according to the provisions of Articles 38, 46 and 47 of the Labor Contract Law.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work 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.

1. Pay one month's economic compensation every full year. (calculated by 2800)

2. Pay social security during the duration of labor relations.

3. If the labor contract is not signed, the maximum double salary is 65438+February. (Note that there is a one-year limit)

When safeguarding their legitimate rights and interests, they need to collect and keep relevant evidence to prove the existence of labor relations. Specifically, according to the "Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations" II. If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining whether there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

You can provide labor materials according to (2) the work permit, service certificate and other documents that can prove your identity (not limited to this article) issued by the employer to the workers. Of course, the more evidence, the better

I suggest you negotiate with your unit to pay social insurance, salary and economic compensation. If negotiation fails, provide materials to prove labor relations, submit them to the labor inspection department and the labor arbitration department for labor arbitration or bring a lawsuit to the local people's court to claim your rights and interests.

1 1. During the term of the labor contract, the company goes bankrupt or is dissolved;

12, when the labor contract is terminated, there are special local regulations that require payment of economic compensation.

Therefore, it is illegal for companies not to buy social security themselves. If the labor contract stipulates to buy social security, then the company's failure to buy it is a breach of contract. Therefore, at this time, workers can ask to resign and get economic compensation.

How much can the company compensate if it resigns without buying social security? In fact, in some small enterprises and companies, it is very common for companies not to buy social security. Because there are many employees in the company, if everyone helps them buy it, it will be a very big expense. Therefore, in order to save this money, the unit often does not help employees buy it. In this case, employees can report to the relevant units.

legal ground

Article 38 of the Labor Contract Law: In 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.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.