Job Recruitment Website - Social security inquiry - What if the company fails to pay social security for several months?
What if the company fails to pay social security for several months?
The solution is as follows:
1, negotiate with the company.
2. If negotiation fails, go to the labor administrative department where the company is registered to complain about the company and ask the company to pay back the social security.
3. arbitration. Submit to the labor dispute arbitration committee where the company is located or where it actually works for arbitration, and ask the company to pay back the social security.
4. litigation. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court where the company is located or where you actually work.
According to the provisions of China's Labor Contract Law, it is illegal for an employer not to sign a labor contract or purchase social insurance after a worker has been employed for five months, and the worker can claim compensation of double wages.
(1) If an employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand payment of economic compensation; Work 1 year, pay 1 month salary.
(2) The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each 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.
(three) the employer fails to apply for social insurance registration, and 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.
(4) If the company fails to pay social security, it may request to pay social security. It is also illegal for the company not to sign a contract all the time. You can ask the company to pay double wages and not sign a written labor contract. If the company terminates the labor contract illegally, it still has to bear compensation, and the standard of compensation is twice that of economic compensation. If an employee resigns, he may ask the unit to pay economic compensation.
(5) If you have worked in the company for one year, the company still has to pay unemployment insurance benefits. Fifth, if the company has overtime behavior, it should pay overtime wages and extra compensation according to legal standards. Sixth, if the company deducts wages, it should also pay wages in full and pay compensation. If the above disputes cannot be negotiated, they can be submitted for arbitration!
Legal basis:
Labor law of the people's Republic of China
Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) Being sick or injured;
(3) Being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time.
People's Republic of China (PRC) social insurance law
Article 58 The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for handling social insurance registration and settlement for employees. If the social insurance registration is not resolved, the social insurance agency shall verify the social insurance premium it should pay.
Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
- Previous article:How much does Jiashan have to pay for flexible employment for one month?
- Next article:Social security card collection location query
- Related articles
- Social security card registration password
- What is the initial password of the social security card financial account?
- Can I retire without paying social insurance premiums?
- What does universal health insurance mean?
- 2023 Shenzhen Payment Level Details Announced
- Why can't social security check maternity insurance? There are three ways to view-stock city financial management
- Can the social security card be bound to WeChat payment?
- Qingyuan rural social endowment insurance application form
- Can Lianyungang social security card be used in Suzhou?
- Guangzhou Social Insurance Agency