What will happen if the company fails to pay social security?

Consequences of the company's failure to pay social security:

1. If the company fails to pay social security to its employees, the employees have the right to terminate the labor contract on this ground and demand economic compensation. 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, it shall pay economic compensation of half a month's salary to the laborer;

2. If the company fails to pay social security for the commodity, the social insurance fee collection agency is responsible for making up the payment today or within a time limit, and will charge 0.5% of the late payment fee on a daily basis from the date of default. If the company fails to pay the overdue fine, the relevant administrative department shall impose a fine of more than one time and less than three times the amount owed.

The methods for individuals to pay social security are as follows:

1, how to pay social security for individuals can apply for social security as a freelancer (pension+medical care);

2. Insurance conditions: urban hukou or rural hukou;

3. Handling location: local community street social security service points, or district and county social security bureaus (labor and social security bureaus);

4. How do individuals pay the basic information needed in social security issues: household registration book, ID card and its copy, and two 1 inch photos;

5. Payment standard: based on the local social wage in the previous year, the proportion of pension payment is 20%, and that of medical care is about 9%. At present, 80% and 100% are still available.

To sum up, the company did not pay social security to employees according to law, so it is suggested to collect evidence of labor relations between the two parties before complaining to the labor bureau or social security bureau. Laborers may apply for labor arbitration and demand economic compensation on the grounds that the employer has not paid social insurance.

Legal basis:

Article 10 of People's Republic of China (PRC) Social Insurance Law

Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Article 23

Employees should participate in the basic medical insurance for employees, and employers and employees should pay the basic medical insurance premiums in accordance with state regulations.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.

Article 84

If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Article 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it 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.