Social security compensation

Legal analysis: social insurance premium payment disputes. If the local pension, unemployment, maternity, work-related injury and medical insurance have been carried out, and the enterprise fails to go through the insurance formalities for the workers according to the regulations, the workers may propose to pay all the social insurance premiums. The specific payment time is calculated from the date of employment to the date of resignation. The payment wage benchmark is calculated according to the actual wage income of employees, and the payment ratio is determined according to local regulations and the nature of enterprises. Arbitration and courts generally believe that social insurance is not limited by the 60-day arbitration limitation. In addition, it is worth noting that at present, many enterprises have not signed labor contracts during the probation period, so they have not applied for social insurance for workers during this period. However, according to state regulations, even during the probation period, enterprises have to pay social insurance premiums for workers. 2. Disputes that require enterprises to compensate for the loss of social insurance benefits. If an enterprise fails to apply for unemployment insurance, in addition to compensation for medical insurance benefits, industrial injury insurance benefits and other losses, it may also require the enterprise to compensate for unemployment benefits that can be obtained according to the unemployment insurance policy after the termination of labor relations and before re-employment. , and can ask the enterprise for compensation.

Legal basis: Article 46 of People's Republic of China (PRC) Labor Contract Law states that if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract and ask the employer to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit.