What if the enterprise does not pay social security to its employees?

If the employer fails to pay social security to the employee, the employee can choose the following two ways to solve it:

First, negotiate with the unit, if a consensus is reached, the employer will purchase social security for the employees;

Second, if the two parties fail to negotiate, the laborer may apply to the local labor dispute arbitration commission for arbitration and ask the employer to pay.

First of all, if the employer has not signed a labor contract with the employee, the employee should keep some evidence of the factual labor relationship with the employer. (such as work permit, tooling, salary slip and other evidence) In addition, it is best to find evidence of the employee's starting time in the employer, which is conducive to calculating the time when insurance should be paid.

According to the relevant provisions of the Labor Contract Law, if the employer fails to pay social insurance to the employee, the employee may terminate the labor contract and ask the employer to pay economic compensation. Economic compensation is determined according to the working years of the workers. Pay one month's salary every full year, six months or more for one year, and six months for the second half of the year. (The monthly salary refers to the average salary of the laborer 12 months before the dissolution or termination of the labor contract. If the employer dissolves or terminates the labor contract illegally, it shall pay double economic compensation to the laborer.

Labor dispute cases need to go through arbitration procedures before they can be brought to court, so workers can only file arbitration with the local arbitration commission first. If they refuse to accept the arbitration award or the arbitration commission, they can bring a lawsuit to the court and ask the employer to pay social insurance and economic compensation.

Legal basis:

Article 86 of the 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 4 of the Social Insurance Law

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.

Article 38 of the Labor Contract Law: In any of the following circumstances, the employee may 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-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work 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, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.