What if the unit fails to pay social security?

1. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish a labor relationship with the employee, conclude a labor contract and pay social security within one month. If the employer does not sign a labor contract or participate in endowment insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. You can dissolve the labor contract according to the provisions of Articles 38, 46 and 47 of the Labor Contract Law (that is, Article 38: The employer has one of the following circumstances: (3) Failing to pay social insurance premiums for employees according to law; ..... Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; .................................................................................................................................................................................. more than six months less than one year, according to one year; Less than six months, pay economic compensation for half a month's salary to the workers. .....................................................................................................................................................

1, and pay one month's economic compensation every year.

2. Social security paid during the duration of labor relations.

3. If the labor contract is not signed, the maximum double salary will be 65438+February. (Note that there is a one-year limit)

Two. When safeguarding their legitimate rights and interests, they need to collect and keep relevant evidence to prove the existence of labor relations. Specifically, it can be stipulated in the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations (No.[2005] 12 issued by the Ministry of Labor and Social Security on May 25, 2005). If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

You can provide labor materials according to (2) the work permit, service certificate and other documents that can prove your identity (not limited to this article) issued by the employer to the workers. Of course, the more evidence, the better

Third, I suggest you consult with your unit first. If negotiation fails, provide materials to prove labor relations and submit them to the labor inspection department and the labor arbitration department for labor arbitration, or suggest that you directly file a lawsuit with the local people's court to claim your rights and interests.

If you want to know more about insurance, you can go to >> "Raise more fish and talk about insurance" for free consultation!