Job Recruitment Website - Social security inquiry - What if the company doesn't buy social security for its employees?

What if the company doesn't buy social security for its employees?

If the company does not purchase social security for its employees, the treatment method is as follows:

1. Employees may resign because the company fails to pay social security in full and on time;

2. The company shall pay the corresponding economic compensation;

3. Employees can apply for labor arbitration;

4. The labor arbitration department will make a ruling according to law;

5. Require the employer to pay social security according to regulations, and do not bear legal responsibility.

Protection of social security rights and interests:

1. Basic components of social security: including endowment insurance, medical insurance, industrial injury insurance, unemployment insurance and maternity insurance;

2. Legal status of social security: According to the social insurance law, employers should pay social security for employees;

3. Employee rights and interests: employees have the right to ask the company to pay social security according to law and enjoy the corresponding social security;

4. Illegal consequences: the company may face administrative penalties for not paying social security, including fines and being ordered to make corrections;

5. Payment mechanism: the company can correct the unpaid situation by paying back the social security fee;

6. Labor arbitration: employees can resolve social security disputes through labor arbitration;

7. Social supervision: The administrative department of social insurance shall supervise and inspect the payment of social security.

To sum up, when the company fails to pay social security for its employees, the employees have the right to resign and get economic compensation, and they can apply for labor arbitration, and the labor arbitration department will make a ruling according to law to ensure that the employer pays social security according to law and avoid taking legal responsibility.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Article 41

If the employer fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.