How does the company compensate employees for not paying social security?

If the unit fails to pay social security, the compensation items include:

1, and bear the fines, late fees and other expenses related to unpaid social insurance premiums;

2. Compensation for the loss of unemployment insurance benefits for workers with little or no income;

3, bear the maternity insurance benefits paid by the maternity fund for female employees;

4, bear the basic old-age insurance related fines and other expenses;

5, compensation for other expenses caused to workers.

If the employing unit fails to pay social insurance for its employees and causes losses to employees, it shall be liable for compensation according to law. There is no doubt that it is the legal obligation of the enterprise where the employee works to pay social security for the employee. And social security should be paid in full and on time. If the employer fails to pay the fees for the employees, and the employees entrust an agency to pay the fees on their behalf, the expenses incurred shall be paid by the enterprise to the employees. At this time, labor relations are not just labor relations, but ordinary civil relations. When bringing a lawsuit to the court, the enterprise should be required to pay the corresponding compensation liability, rather than asking the enterprise to pay social security. The employing unit shall be liable for compensation. According to relevant regulations, if the employer fails to pay, pay in full or pay social insurance premiums on time, its responsibilities include: 1. Compensation for unemployment insurance benefits losses that workers have little or no.

2, bear the maternity insurance benefits of female workers should be paid by the maternity fund.

3. Bear the fines, fines and other expenses related to industrial injury insurance.

4, bear the basic old-age insurance related fines and other expenses.

5, compensation for other expenses caused to workers. Paying social insurance is the basic obligation of the company. The company shall handle the social insurance account for the employee in the month following his/her employment. If the payment is not made on time, which causes extra losses to the employees, the company is responsible for compensation. For example, employees find their own institutions to pay the expenses incurred by social security, and the unit should compensate. In addition, the labor bureau will also impose a fine on the unit.

1. How should the company compensate for the illegal termination of the labor contract?

The compensation measures for the Company's illegal termination of the labor contract are as follows:

1. Economic compensation is usually based on the number of years employees have worked in our company. Employees are required to pay 1 month's salary for every job 1 year.

2. Employees who have worked for more than 6 months and are less than 1 year shall pay compensation according to 1 year; For employees who have worked for less than six months, the company only needs to pay them 0. Economic compensation for 5 months' salary;

3. If the monthly salary of employees is 3 times higher than the average monthly salary of local employees announced by the people's government of the municipality directly under the central government where the company is located, the company will pay economic compensation to employees according to the standard of 3 times the average monthly salary of employees. The term of economic compensation is generally no longer than 12 years.

If the company dismisses employees illegally, it shall pay economic compensation twice as much as the economic compensation. Because the compensation standard for terminating the labor contract is determined according to the length of the working hours of the workers, the economic compensation is based on the number of years of work, and one month's salary is paid every full year. For a period of more than six months but less than one year, economic compensation of half a month's salary shall be paid. If a female employee is forced to terminate her labor contract during lactation, she can get two months' salary as economic compensation every year. Other economic compensation, social insurance and housing accumulation fund shall be implemented in accordance with relevant laws and regulations.

Being fired before the contract expires may not be compensated. Under any of the following circumstances, the employer may terminate the labor contract at any time:

(1) is proved to be unqualified for employment during the probation period.

(2) Serious violation of labor discipline or rules and regulations of the employing unit.

(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer.

(4) Being investigated for criminal responsibility according to law.

Second, do you need social security for part-time jobs?

Whether long-term part-time employees need to pay social security mainly depends on the relationship between employers and part-time employees. If it is only a labor relationship, there is no need to pay social security; But if it is a labor relationship, it depends on the type of labor relationship.

For example, for part-time employees, employers usually only need to pay work-related injury insurance premiums, but do not need to pay other social security fees such as pension insurance, medical insurance, maternity insurance and unemployment insurance. However, if the labor dispatch unit pays social insurance for the dispatched employees, the employer does not need to pay social insurance for them.

Third, the company does not renew the labor contract for employees?

If the employee does not renew the labor contract, the company does not need to pay economic compensation to the employee, provided that the employer maintains or improves the conditions stipulated in the labor contract. If the employer reduces the treatment and the employee does not renew the contract, the employer needs compensation. If the labor contract is not renewed at the expiration of the term, the labor relationship between the laborer and the employer shall be terminated.

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.

Article 62 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63

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

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.