What if the unit fails to pay social security in Beijing?

If the unit fails to pay social security to employees, employees can safeguard their legitimate rights and interests by understanding social security policies, communicating with the unit, complaining to the labor inspection department, applying for labor arbitration or bringing a lawsuit.

I. Understanding social security policies and rights and interests

Employees first need to understand the relevant policies and regulations of the state and Beijing on social security, and make clear their rights and interests and the obligations of the unit. Social security includes endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, each of which is related to the vital interests of employees.

Second, communicate and negotiate with the unit.

When it is found that the company has not paid social security, employees should communicate with the company first to understand the reasons and put forward payment requirements. The unit may have its special reasons or misunderstandings, and sometimes it can reach an understanding through communication and consultation.

Third, complain to the labor inspection department.

If communication with the unit fails, employees can complain to the local labor inspection department. The labor supervision department will investigate the social security payment of the unit according to law, and take corresponding measures to urge the unit to pay back the social security.

4. Apply for labor arbitration or bring a lawsuit.

If the results of the labor inspection department can't meet the demands of employees, employees can apply to the labor arbitration institution for arbitration or bring a lawsuit to the court. In this process, employees need to provide relevant evidence to prove that the unit does not pay social security.

Verb (abbreviation of verb) seeking legal aid and consultation

In the whole process of safeguarding rights, employees can seek legal assistance and consultation to understand the specific legal procedures and rights protection strategies. This will help employees to take more targeted actions and improve the probability of successful rights protection.

To sum up:

In Beijing, if the company fails to pay social security to employees, employees can safeguard their legitimate rights and interests by understanding social security policies, communicating with the company, complaining to the labor inspection department, applying for labor arbitration or bringing a lawsuit. In the whole process, employees need to remain calm and rational, and make full use of legal weapons to safeguard their own interests.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit.

People's Republic of China (PRC) labor contract law

Article 38 provides that:

If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.

Labor law of the people's Republic of China

Article 72 provides that:

Employers and workers must participate in social insurance and pay social insurance premiums according to law.