Social security rest

Laborers can ask the employer to return or discount compensation. If negotiation fails, the relevant facts can be reflected to the administrative department of social insurance. Laborers may also terminate their labor relations with the employing unit and ask the employing unit to pay economic compensation, and ask the employing unit to compensate the workers for their losses.

Legal analysis

According to the relevant requirements of the current social security department, employers need to pay social insurance for workers based on the real total wages (wages payable). However, at present, it is common to violate the social security rights and interests of workers. Many employers will pay social insurance according to the minimum wage in order to reduce the operating wage cost, which violates the legal provisions of Article 60 of the Social Insurance Law of People's Republic of China (PRC), which requires employers to pay social insurance premiums in full. According to the provisions of Paragraph 3 of Article 38 of the Labor Contract Law of People's Republic of China (PRC) and Article 18 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, the employee may terminate the labor contract with the employer and require the employer to pay economic compensation to the employee according to the calculation method prescribed by law. If the service period is stipulated in the labor contract signed by both parties, the employer shall not require the laborer to pay liquidated damages. If social insurance can't be paid back, and the laborer can't enjoy social security benefits, the laborer can ask the employer to compensate for the losses.

legal ground

Article 3 of the Labor Law of People's Republic of China (PRC) stipulates that workers enjoy equal employment and employment choice, labor remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, labor dispute settlement and other labor rights stipulated by law. Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.

Article 72 of the Labor Law of People's Republic of China (PRC) determines the sources of social insurance funds according to the types of insurance, and gradually implements social co-ordination. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 60 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 18 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China is under any of the following circumstances. In accordance with the conditions and procedures stipulated in the Labor Contract Law, a worker may terminate a fixed-term labor contract, an open-ended labor contract or a labor contract with the completion of a certain task as the deadline:

(six) the employer fails to pay social insurance premiums for workers according to law;