What if the company has no money and the social security is broken?

If the unit fails to pay social security, the employee can report to the social insurance administrative department, and the social insurance premium collection agency will order it to pay within a time limit and impose a late fee. For the losses caused by the employer's failure to pay social security, such as medical expenses, maternity expenses, endowment insurance, etc. Employees can apply for arbitration according to law and bring a lawsuit to the court. If the employer fails to pay social insurance premiums in full and on time in accordance with the relevant laws and regulations, 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 charged on a daily basis; 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.

The social security payment process is as follows:

1, go to the social security bureau to open an account. Prepare the account opening materials, go to the local social security bureau to open an account, and generally find the account opening service window of the social security bureau to handle it. The required materials include: business license 1 copy, organization code certificate 1 copy, front and back of legal representative's ID card 1 copy, and bank account opening license 1 copy;

2. Go to the Social Security Bureau to get the employee social security declaration and approval form. When it is determined that there is no change in the number of social security contributions paid by the company, it shall go to the Social Security Bureau to receive the social insurance premium declaration and approval form after 15 every month;

3. Go to the local tax bureau to change the tax payment certificate. It seems that if you get the social security fee declaration and approval form, you can pay directly in cash, or swipe your card, or go to ICBC to pay.

To sum up, if the company breaks the social security, the employees on the job can report to the social insurance administrative department, and the social insurance premium collection agency will order them to pay within a time limit and add a late fee. Laborers have the right to ask the employer to compensate their losses on the grounds that the employer has not gone through the social insurance formalities for them, and the social insurance agency cannot reissue them and cannot enjoy social insurance benefits.

Legal basis:

Article 86 of People's Republic of China (PRC) Social Insurance Law

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.

Article 89

Social insurance agencies and their staff have one of the following acts, which shall be ordered by the administrative department of social insurance to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to perform the statutory duties of social insurance;

(2) Failing to deposit the social insurance fund into the special financial account;

(3) Deducting or refusing to pay social insurance benefits on time;

(four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records;

(five) other acts in violation of social insurance laws and regulations.