Job Recruitment Website - Social security inquiry - How can the company compensate for not paying social security?
How can the company compensate for not paying social security?
Legal basis: 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;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this 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.
Article 84 of the Social Insurance Law of People's Republic of China (PRC), if the employer fails to register for social insurance, 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.
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