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Calculation method of unpaid social security compensation

The calculation method of unpaid social security compensation is to compensate one month's salary every full year. If the company fails to pay social security, the employer shall pay one month's salary for every full year, half a month's salary for less than half a year, and one month's salary for less than half a year to pay economic compensation. At the same time, the unit should help employees pay social security. The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law when they are old, sick, injured, unemployed and have children.

Legal basis: Article 46 of People's Republic of China (PRC) Labor Contract Law.

In 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;

(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.

How to pay social security

1. If the employee purchases social insurance through the employer, it shall be withheld and remitted by the employer. After withholding, the employing unit shall inform it of the details of paying social insurance premiums on a monthly basis;

2. Workers who voluntarily participate in social insurance can pay social insurance premiums directly to social insurance premium collection agencies, and workers can pay social insurance premiums directly to social insurance handling centers.