What should I do if the labor dispatcher fails to pay social security?

Legal analysis: You can apply for labor arbitration.

According to the law, the social security of labor dispatch workers is paid by the labor dispatch unit. Because there is a labor relationship between the labor dispatch workers and the labor dispatch unit, the labor dispatch unit shall pay social security for the labor dispatch workers according to law.

Moreover, when the dispatching unit pays social security, according to the general regulations, social security is paid by the labor dispatching unit and the labor dispatching unit, and the part borne by the individual is deducted from the wages of the dispatched workers by the labor dispatching unit, and the labor dispatching unit also pays the social security fee according to the regulations.

Workers who find that the unit has not paid social security can complain to the local labor inspection brigade and other departments or social security departments and demand to pay social security.

Moreover, because it is difficult to protect individual rights and interests without social security, some workers will terminate their labor contracts. Then, because the unit is at fault first, the dispatched workers can claim economic compensation.

The economic compensation shall be calculated according to the working years of the dispatched workers, and one month's salary shall be paid for every 1 year, for more than 6 months 1 year, and 6 months shall be in the second half of the year.

Finally, many units, especially labor dispatch units, take advantage of workers' lack of labor law knowledge or employers' failure to pay social security according to law, which seriously damages the interests of dispatched workers. So if more workers are involved, you can apply for labor arbitration in time when necessary.

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. Under any of the following circumstances, the employer unilaterally terminates the labor contract, and 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.