How to claim for non-payment of social security by enterprises

The criteria for claiming compensation for non-payment of social security are as follows:

1. The economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the laborer's employment with the employer;

2. If more than six months is less than one year, it shall be calculated according to one year;

3. If less than six months is less than six months, the laborer shall be paid half a month's salary as the economic compensation;

4. p>4. If the worker's monthly wage is higher than three times the average monthly wage of the workers in the region in the previous year as announced by the people's government of the municipality directly under the central government or the municipal people's government of the district in which the employing unit is located, the standard of economic compensation payable to the worker shall be paid at the rate of three times the average monthly wage of the workers, and the maximum number of years for which economic compensation shall be payable to the worker shall be not more than twelve years. The monthly wage referred to is the average wage of the worker in the twelve months prior to the termination or suspension of the labor contract.

The employer, do not pay or do not pay in accordance with the provisions of the law are illegal, are required to bear the corresponding legal responsibility as follows:

1, the worker has the right to terminate the labor contract, the employer shall pay economic compensation;

2, the worker has the right to the employer did not apply for the social insurance procedures, and the social insurance agency can not make up for the reason that the employer is not entitled to social insurance benefits. social insurance benefits, the employer is required to compensate for the losses;

3. Administrative penalties imposed by social security agencies on employers:

(1) Social security agencies have the right to impose direct fines on employers and persons in charge of the employers who do not apply for social security registration;

(2) Social security agencies have the right to impose direct fines on employers who have failed to pay the social insurance premiums in full and on time.

In summary, the law mandates that employers should pay social insurance for workers in accordance with the law. The employer shall apply for social insurance registration with the social insurance agency for its workers within thirty days from the date of employment.

Legal basis

Article 63 of the Social Insurance Law of the People's Republic of China

If an employer fails to pay social insurance premiums in full and on time, it shall be ordered by the social insurance premium collection agency to pay the premiums by a certain period of time or to make up for them.

If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of the employer's banks and other financial institutions; it may also 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 in writing the banks or other financial institutions where the employer holds accounts of the social insurance premiums to allocate the social insurance premiums. If the balance in the account of an employer is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferring payment of the premiums.

If the employer fails to pay the full amount of social insurance premiums and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the amount of social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.

Article 84

If an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; if it fails to do so, the employer shall be subject to a fine of not less than twice and not more than three times the amount of social insurance premiums payable, and the persons in charge of the employer directly responsible for the employer and the persons in charge of the employer directly responsible for the employer and the persons in charge of the employer directly responsible for the employer shall be subject to a fine of not less than five hundred yuan and not more than three thousand yuan.