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How can Shanghai companies compensate for not paying social security?
1. If the employer fails to pay social security and the employee terminates the labor contract according to law, the employer shall pay economic compensation. If the employer fails to pay the medical insurance, the employee can claim compensation. 3. If the employer fails to pay unemployment insurance, and the employee cannot receive unemployment insurance, he may claim compensation from the employer. 4. Because the employer fails to pay the old-age insurance, the workers cannot receive the old-age insurance after reaching the retirement age.
Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. In 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; (four) 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 in 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.
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