How to compensate for not buying a social security unit?

The compensation standard for the company's failure to pay social security is to pay one month's salary every year according to the employees' working years in the unit. In other words, the practice of not paying social security does not require compensation. Those who fail to pay social security will be fined more than one time and less than three times the amount of social security payment. As long as employees don't resign, the company doesn't need additional compensation.

The employer fails to pay, fails to pay in full and fails to pay social insurance premiums on time, and its responsibilities include:

Compensation for unemployment insurance benefits losses that workers have little or no.

How much compensation can the unit get if it doesn't pay social security? A: The unit does not pay social security, and can only ask individuals to pay it back without any compensation. If the employer fails to participate in social security for employees in time, it can only be punished by the local social security agency according to the relevant requirements of the Social Insurance Law, and urged to participate in insurance for employees in time, but it does not involve compensation and compensation for employees.

What will happen if the company doesn't pay social security?

1. To be sure, it is impossible for a company not to pay social security. The Labor Law stipulates that the employer must pay five kinds of insurance for employees: endowment insurance, industrial injury insurance, maternity insurance, unemployment insurance and medical insurance, which is mandatory.

2. If the company fails to pay insurance, the relevant departments will punish your company, which will affect some annual audits of the company. If the company doesn't provide you with insurance, you can go to a labor arbitration institution for arbitration, which is free of charge.

3. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract;

4. If the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay the employee economic compensation.

5. Employers cannot simply assume that all workers who resign do not have to pay economic compensation.

6, in addition, the social insurance fund according to the types of insurance to determine the source of funds, and gradually implement social pooling.

7. The reason why the labor law stipulates this is to ensure that workers have a sense of security. Employers and workers must participate in social insurance and pay social insurance premiums according to law. However, some business operators unilaterally pursue the maximization of interests, ignore the rights and interests of employees and refuse to pay social insurance premiums for employees. Here, it is necessary to remind business operators that it is mandatory by law to pay social insurance premiums for workers, and employers should seriously abide by them, otherwise it is also appropriate to pay economic compensation in case of labor disputes.

To sum up, if the unit fails to pay social security and causes losses to the workers, it needs to compensate according to its actual losses; If the employee terminates the contract with the company, the company will pay the employee one month's salary as economic compensation for each full year of work in the company.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

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

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

Article 47

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.