How to punish the company for not paying social security to its employees?

If the unit fails to pay social security, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employing unit and its directly responsible personnel in charge and other directly responsible personnel shall be fined. The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The laborer has the right to terminate the labor contract, and the employer shall pay economic compensation. Laborers have the right to ask the employer to compensate for their losses on the grounds that the employer failed to handle social insurance procedures for them and the social insurance agency could not make up for it, which led to their inability to enjoy social insurance benefits. Social security agencies have the right to directly fine employers and responsible persons who have not registered for social security.

How to punish the company for not buying social security for its employees?

Social insurance is a non-profit social security system that the state forces most members of society to participate in in order to prevent and share social risks such as old age, unemployment, illness and death and realize social security. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. Social security is the legal obligation of employers and workers and must be paid. Even if the payment of social security is exempted through an agreement, the responsibility of the unit cannot be exempted, and such an agreement is invalid. Social security can be interrupted as long as the accumulated contributions are sufficient.

According to relevant laws and regulations, employees need to purchase social insurance to establish labor relations with the company. If the company fails to buy social insurance for employees in time, employees will not enjoy some rights and interests, especially the treatment of work-related injury insurance.

In practice, if an enterprise fails to pay social security, it must be ordered by the social insurance administrative department to make corrections within a time limit; If no correction is made within the time limit, the enterprise shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

And after signing a labor contract with the enterprise, you find that the other party will not buy you social security, then you can apply for labor arbitration. Apply for labor arbitration, generally need to take the following steps:

1 First, you need to prepare the following materials:

(1) labor dispute complaint in triplicate;

(2) Go to the Industrial and Commercial Bureau to inquire about the industrial and commercial registration information of the employer, and charge 60 yuan;

(3) A copy of the employee's ID card;

(4) Copy evidence materials in triplicate, such as labor contract or agreement, payroll, work permit, punch record, witness testimony of colleagues, etc.

2. Apply for arbitration to the labor arbitration committee with jurisdiction, generally to the local district or county labor arbitration committee.

Finally, generally speaking, if the company doesn't want to bear the social security of its employees, it will ask you to sign and not pay the social security guarantee. If you don't pay social security because of this, you can also apply for labor arbitration to solve the problem. Of course, if there are many people whose social security rights are infringed, it is suggested that one or two professional lawyers can be entrusted to participate in the arbitration, or they can be entrusted to participate in the litigation at the end.

It should also be noted that many employees do not object when the company refuses to buy social security, because they are worried that they will get less wages if they buy social security. Actually, this is not right. Social security is very important to any employee, so if you apply for labor arbitration because of this, if many interests are involved, it is suggested that you can find a lawyer who is good at solving labor disputes to intervene.

Legal basis:

Interim regulations on the collection and payment of social insurance premiums

Thirteenth payment unit fails to pay and withhold social insurance premiums according to law, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the unpaid amount, from the date of default, a daily surcharge of 2‰

Late payment fees are incorporated into social insurance funds

Twenty-third payment unit fails to handle the social insurance registration, change of registration or cancellation of registration in accordance with the provisions, or fails to declare the amount of social insurance premiums payable in accordance with the provisions, the administrative department of labor security shall order it to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel may be fined more than 5000 yuan 1000 yuan; If the circumstances are particularly serious, the directly responsible person in charge and other directly responsible personnel may be fined not less than 5000 yuan but not more than 65438 yuan but not more than 0,000 yuan.