How to calculate the economic compensation for unpaid social security?

The calculation method of economic compensation for unpaid social security is as follows:

1, pay one month's salary for each full year according to the working years of the laborer in the unit;

2. If the employee has worked for six months but less than one year, he shall pay one month's salary as economic compensation for one year;

3, work less than six months, pay economic compensation for half a month's salary;

4. If the monthly salary of employees is three times higher than the average monthly salary of employees in the previous year where the employer is located, the economic compensation standard shall be calculated according to the average monthly salary of employees, but the maximum compensation period shall not exceed twelve years;

5. The calculation of monthly salary is based on the average salary of employees in the 12 months before the dissolution or termination of the labor contract.

Calculation standard of social security economic compensation:

1, the basic calculation formula of economic compensation: economic compensation = working hours multiplied by economic compensation standard;

2. Determination of on-the-job time: usually based on the actual working years, and some areas may have specific regulations;

3. Economic compensation standard: generally, the average monthly salary of employees before the dissolution or termination of the labor contract is 12 as the standard;

4. Calculation under special circumstances: In case of special circumstances such as legal holidays, wedding and funeral leave, there may be different calculation methods;

5. Provisions on the upper and lower limits: The calculation of economic compensation also needs to refer to the local minimum wage standard and the maximum wage limit.

To sum up, the calculation of economic compensation for unpaid social security is based on the working years of employees in this unit, and one month's salary is paid for every full year, one year for less than one year and half a month's salary for less than six months. If the monthly salary is three times higher than the average salary, the upper limit of compensation is twelve years, and the calculation basis is the average salary of the previous twelve months.

Legal basis:

People's Republic of China (PRC) (China) Labor Contract Law

Article 38

If the employing unit has any of the following circumstances, the employee may terminate the labor contract: (3) Failing to pay social insurance premiums for the employee according to law.