What if the factory didn't buy social security?

You can ask the factory to buy social security for you. If you ask, but the factory still won't buy it for you, you can complain to the labor bureau. It is illegal not to buy social security for employees in the factory. If the company fails to purchase social security for its employees, the employees and the employer can pay the workers one month's salary every full year after the termination of the labor contract. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, it shall pay the laborer economic compensation for half a month's salary and ask the employer for economic compensation.

1. Employees can leave their jobs independently.

If the employer fails to pay the social insurance premium for the employee in accordance with the law, the employee may terminate the labor contract (see Article 38 of the Labor Contract Law) and leave the job immediately without the restriction of 30 days in advance, let alone the examination and approval.

2. You can get economic compensation.

If an employee leaves his job for the above reasons, the employer shall pay him economic compensation according to the Labor Contract Law, and the economic compensation shall be paid to the employee according to the standard of paying one month's salary every full year. 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. Article 46 of the Labor Contract Law stipulates that in any of the following circumstances, the employer shall pay economic compensation to the laborer:

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

The above-mentioned laws give workers the right to terminate the labor contract without written notice or prior notice if the employer fails to pay social insurance premiums for the workers according to law. Moreover, the employing unit should also pay economic compensation to the workers, and if not, it should also pay compensation twice as much as the economic compensation.

3. Laborers have the right to ask the employer to compensate for their losses on the grounds that the employer failed to handle the social insurance formalities for them and the social insurance agency could not make up for it, resulting in their inability to enjoy social insurance benefits.

According to the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III):

The people's court shall accept the disputes arising from the failure of the employer to handle the social insurance procedures for the workers and the inability of the social insurance agency to make up for them, which leads to the inability of the workers to enjoy social insurance benefits.

4. Apply for labor arbitration

If the company does not compensate, it can apply for labor arbitration, and employees need to keep work permits, salary slips and other evidence that can prove the employment relationship with the unit for proof; If the company terminates the contract in violation of the law, it shall be liable for compensation, and the amount of compensation shall be twice the economic compensation.

In this matter, the enterprise is unreasonable and illegal. Therefore, in the process of handling, employees have an advantage, and they can choose to leave their jobs and ask the enterprise to make compensation. If they don't pay compensation, they can complain to the labor department. The social security management department will impose penalties and fines on units that fail to pay insurance for their employees, and force them to pay back the fees owed.

legal ground

People's Republic of China (PRC) Labor Contract Law (amended on 20 12)

Article 38 In any of the following circumstances, the employer may unilaterally 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.

Forty-sixth economic compensation in any of the following circumstances, the employer 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;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(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.

Social Insurance Law of People's Republic of China (PRC) (revised on 20 18).

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.