The unit does not give to pay social security, their own payment, can ask the unit compensation?

A, the unit does not pay social security, their own payment, you can ask the unit compensation? The unit does not give employees to pay social security, according to according to the "Labor Contract Law" Article 38, Article 46 of the provisions of the employer did not pay social insurance premiums for the workers in accordance with the law, the workers for this reason to terminate the employment contract, the employer shall pay economic compensation to the workers.

The employer needs to pay economic compensation to the worker according to the number of years the worker has worked in the organization, and the standard of one month's salary for each year of employment (six months or more than less than a year, according to the calculation of one year; less than six months, pay half a month's salary to the worker's economic compensation).

Meanwhile, according to Article 84 of the Social Insurance Law, if an employer does not register for social insurance, the social insurance administrative department shall order the employer to make corrections within a certain period of time; if the employer fails to make corrections after the deadline, the employer shall be subject to a fine of not less than twice the amount of social insurance premiums payable, and the directly responsible supervisory personnel and other directly responsible personnel shall be subject to a fine of not less than 500 yuan and not more than 3,000 yuan.

Therefore, if there is a case of non-payment of social insurance by the employer, you should go to the Human Resources and Social Security Bureau of the district where the employer is located for consultation, letter and complaint.

Two, the unit does not pay social security how to do unit does not pay social security, to the local social insurance administrative department to report, the social insurance administrative department ordered to make corrections within a certain period of time, and impose a fine for failure to make corrections; laborers unilaterally terminate the labor contract for this reason, and you can ask the employer to make up the social insurance premiums and economic compensation. Economic compensation is paid to the laborer according to the number of years the laborer has worked in the unit, and one month's salary is paid for each completed year.

Three, the company did not sign a labor contract, and did not give me social security, how to do No labor contract, the unit did not pay social security. You should collect evidence of the existence of labor relations, to the local labor bureau to apply for labor arbitration, requiring the company to pay economic compensation. You can also ask to pay double wages and make up the social insurance premiums. Units of illegal dismissal also need to bear the corresponding compensation.

The Labor Contract Law

Article 46 Economic Compensation

In one of the following cases, the employer shall pay economic compensation to the worker:

(a) the worker in accordance with the provisions of Article 38 of this Law to terminate the labor contract;

(b) the employer in accordance with the provisions of Article 36 of this Law to the worker to terminate the labor contract and terminate the labor contract with the workers by consensus. (c) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(d) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(e) The employer terminates the fixed-term labor contract in accordance with the provisions of the first subparagraph of Article 44 of this Law, except for the case in which the employer maintains or raises the terms and conditions of the labor contract for renewal of the labor contract, and the laborer does not agree to the renewal of the labor contract;

(f) The employer terminates the fixed-term labor contract in accordance with the provisions of the first subparagraph of Article 44 of this Law. (f) Termination of the labor contract in accordance with the provisions of Article 44 (4) and (5) of this Law;

(g) Other cases stipulated by laws and administrative regulations.

Article 47 Calculation of Economic CompensationEconomic compensation shall be paid to the laborer at the rate of one month's salary for each full year of employment in the organization. More than six months than less than a year, according to one year; less than six months, to pay half a month's wages of economic compensation to the laborer.

The monthly salary of the worker is higher than three times the average monthly salary of the workers in the previous year published by the people's government of the municipality directly under the central government or the municipal government of the district in which the employer is located, and the standard of economic compensation paid to the worker is paid in the amount of three times the average monthly salary of the workers, and the maximum number of years for which economic compensation is paid to the worker is not more than twelve years.

The monthly wage referred to in this article refers to the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract.

Article 63 of the Social Insurance Law of the People's Republic of China

If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums by a certain period of time or make up for them. If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions, and may 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 in writing the depositary banks or other financial institutions of the allocation of social insurance premiums. If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal or auction the property whose value is equal to the amount of social insurance premiums that should be paid, and offset the proceeds of the auction against the payment of social insurance premiums.

The above is my detailed introduction for you about the unit does not pay social security, their own payment, you can ask the unit compensation? The relevant knowledge, the company does not pay social security, the workers can ask the employer to compensate.