Job Recruitment Website - Social security inquiry - What if a public institution does not pay social security to its employees?

What if a public institution does not pay social security to its employees?

If a public institution fails to pay social security to its employees, the employees may unilaterally terminate the labor contract and require the employer to pay back and pay economic compensation; If you don't want to terminate the labor contract, you should complain to the labor administrative department or the social insurance fee collection agency.

The compensation method is as follows:

(1) If the employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand to pay economic compensation, with the salary of 1 year for work and 1 month;

(two) the economic compensation shall be paid according to the number of years the laborer has worked in this unit, and one month's salary shall be paid for each full year; For more than six months but less than one year, it shall be counted as one year; Less than six months, pay half a month's salary to the workers;

(three) the employer fails to apply for social insurance registration, and 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;

(4) If the company fails to pay the social security, it can request to pay the social security. It is also illegal for a company to sign a contract all the time, and you can ask the company to pay double wages without signing a written labor contract. If the company terminates the labor contract illegally, it should also bear the compensation. The standard of compensation is twice that of economic compensation. If an employee resigns, he may ask the unit to pay economic compensation;

(5) After working in the company for one year, the company still has to pay unemployment insurance benefits. If the company has overtime behavior, it must pay overtime wages and compensation according to the legal standards. If the company deducts wages, it should also pay wages and make full compensation. In case of the above disputes, if negotiation fails, arbitration can be initiated.

Institutions need to accept the leadership of the party Committee and government and set up a party group or party Committee. In China, public institutions also belong to the category of establishment of state organs. Party institutions are associations and communities, including their subordinate institutions.

Five characteristics

1. Providing public services: The function of public institutions is actually to provide public products, which is the basic condition for the emergence and existence of public institutions. Institutions in the fields of science, education, culture and health are social service support systems to ensure the normal political, economic and cultural life of the country.

2. Belonging to a non-public authority: most of the undertakings engaged in by public institutions are specific affairs derived from government functions, but they do not belong to public administrative authorities and have no public administrative power. There can be no subordinate relationship between the leaders and the led similar institutions, and there is no administrative function for other departments or individuals in the administrative area. They can only use their professional knowledge and expertise to provide education and culture to the society.

3. It belongs to knowledge-intensive organizations: most institutions are knowledge-intensive organizations with mental work as the main body, and professionals are the main personnel of institutions. It is the basic social function of public institutions to provide services to all aspects of society by using scientific and cultural knowledge.

4. Localization of funding sources: China's institutions are basically funded by the state finance, which is a basic feature of China's traditional business management system. With the deepening and development of institutional reform in public institutions, the sources of funds in public institutions are increasingly diversified, but the national financial allocation still dominates the funds of public institutions. At present, the main sources of funds for public institutions in China are financial subsidies and non-financial subsidies.

5. Extensiveness of the scope of public institutions: The scope of public institutions involves education, science and technology, culture, health, sports and other industries and fields. Its main body is diverse and its scale is grand.

To sum up, it's Bian Xiao's relevant answer about how to do if institutions don't pay social security to employees, and I hope it will help you.

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law.

Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.