Job Recruitment Website - Social security inquiry - Can the boss not pay social security for employees?
Can the boss not pay social security for employees?
The boss didn't buy social security for employees, so employees can't claim compensation. However, employees can ask the company to pay back. If the company fails to pay back, employees can terminate the labor contract because the employer fails to pay social insurance premiums for employees according to law, and the employer shall pay economic compensation to employees.
Legal objectivity:
Article 38 of the Labor Contract Law: Under 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. Article 46 In any of the following circumstances, the employer 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.
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