Job Recruitment Website - Social security inquiry - How to compensate for not paying social security?
How to compensate for not paying social security?
1. The economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit.
For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
2. According to relevant regulations, if the employer fails to pay, pay in full or pay social insurance premiums on time, the responsibilities it shall bear include:
(a) compensation for employees with little or no unemployment insurance benefits loss;
(two) to bear the maternity insurance benefits for female employees that should be paid by the maternity fund;
(three) to bear the fines, late fees and other expenses related to work-related injury insurance premiums;
(four) bear the basic old-age insurance related fines and other expenses;
(five) compensation for other expenses caused to workers.
What are the six conditions for not accepting labor arbitration?
According to relevant regulations, the following situations will not be accepted:
1. The applicant does not have the subject qualification.
2. The applicant has no direct interest in the dispute applying for arbitration; The applicant is not a party to labor and personnel dispute arbitration; The applicant is not the legal heir and interested party of the deceased employee.
3. The content of the dispute does not belong to the scope of accepting cases by the labor and personnel dispute arbitration commission.
The dispute does not belong to the jurisdiction of this arbitration commission.
5. The application for arbitration has exceeded the time limit prescribed by law.
6, the application and related materials do not meet the requirements.
The Labor Arbitration Commission refuses to accept the case for its own reasons:
First, apply for labor arbitration to a labor arbitration committee without jurisdiction. If this is the case, don't worry, the arbitration commission will inform the applicant to apply to the arbitration commission with jurisdiction.
Second, the case of applying for labor arbitration by oneself does not belong to the scope of accepting cases by the Arbitration Commission. As long as you apply for labor arbitration within the scope of the case accepted by the Labor Committee, it will not be rejected by the Labor Committee.
The scope of accepting cases by the Labor Dispute Arbitration Commission is as follows:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations;
(7) Disputes arising from demanding the employer to return the deposit, deposit, mortgage and collateral of other labor contracts after the employee and the employer dissolve or terminate the labor relationship; Or disputes arising from the transfer procedures of employee personnel files and social insurance relations.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 84 of the Social Insurance Law
If the employer fails to apply for social insurance registration, 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 employer 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.
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