What to do if your company doesn't pay social security at 50

The company's refusal to pay social security for its employees is a violation of the law.

I understand the importance of social security and the rights and interests

Social security is not only about the employees in the pension, medical care, work injury, unemployment, maternity and other aspects of the protection, but also involves the statutory rights and interests of employees. It is the company's legal responsibility to pay social security for its employees, and employees have the right to be paid by the company.

Two, with the company to communicate and negotiate

Employees can first communicate with the company's personnel or financial department, to understand the company does not pay the specific reasons for social security, and express personal demands. In the process of communication, the employee can remind the company of its legal responsibilities and express their own importance to the social security.

Third, to the labor inspection department to complain

If the company refuses to pay social security for employees or communication is fruitless, employees can to the local labor inspection department to complain. The labor inspection department will investigate the company in accordance with the law and penalize the violation. Employees should provide relevant evidence, such as pay stubs and labor contracts, when filing a complaint.

Four, seek legal aid

Employees can also seek legal aid, through legal channels to protect their rights and interests. Lawyers can help employees analyze the case, provide legal advice, and negotiate or litigate on behalf of the employee with the company or relevant departments.

Fifth, pay attention to retain evidence

In the whole process, employees should pay attention to retain relevant evidence, such as records of communication with the company, the labor inspection department of the complaint record, the lawyer's legal opinion. These evidences will play a key role in the process of defending rights.

In summary:

When a 50-year-old employee is faced with the problem that the company does not pay social security for him/her, he/she should first understand the importance of social security and his/her own rights and interests, and then communicate and negotiate with the company. If communication is fruitless, they can complain to the labor inspection department or seek legal assistance. Throughout the process, employees should pay attention to retain relevant evidence in order to defend their rights.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58 stipulates:

The employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums to be paid by the employer.

Article 72 of the Law of the People's Republic of China on Labor Contracts

provides that:

Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Article 73 of the Labor Law of the People's Republic of China*** and the State of China

provides:

Laborers are entitled to social insurance benefits in accordance with the law in the following circumstances: (1) retirement; (2) illness or injury; (3) work-related disability or occupational disease; (4) unemployment; and (5) childbirth. When a worker dies, his or her survivors are entitled to survivor's benefits in accordance with the law. The conditions and standards under which workers are entitled to social insurance benefits are set forth in laws and regulations. The social insurance benefits enjoyed by workers must be paid in full and on time.