Litigation on social security

Legal analysis: At present, China requires employers to pay social security for employees. As for the actual payment base of social security, it should be determined according to the situation of the unit. However, the proportion of payment is stipulated by law, and there is not much room for units to choose freely. And if the unit does not buy social security for employees according to the regulations, it will only start to buy social security after becoming a formal employee. These are all illegal acts. At this time, you can complain to the social insurance fee collection agency and order the employer to correct it.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund. The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.

Article 42 If a work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.