What should I do if the unit that has not terminated the labor contract does not pay social security?

The solution for the unit that has not terminated the labor contract not to pay social security is as follows:

1. Ask the employer in writing to pay back the social security fee and pay the corresponding overdue fine and compensation;

2. If the employer does not cooperate, it can complain to the local labor inspection department and ask it to intervene in mediation;

3. If mediation fails, you can apply to the Labor Arbitration Committee for arbitration, and ask the employer to pay back the social security and bear the corresponding responsibilities;

4. If necessary, you can also bring a lawsuit to the people's court through legal channels to safeguard your legitimate rights and interests.

Basic components of social security:

1, old-age insurance: providing basic living security after retirement;

2. Medical insurance: reducing the economic burden caused by illness;

3. Unemployment insurance: providing basic living expenses and employment services during unemployment;

4. Work-related injury insurance: in case of work-related injury or occupational disease, provide medical expenses and living allowance;

5. Maternity insurance: guarantee the basic medical expenses and living allowance for female employees during their maternity.

To sum up, for the problem that the unit that has not terminated the labor contract does not pay social security, the employee should first submit a written request to the unit for payment and compensation. If rejected, you can complain to the labor inspection department or apply for labor arbitration, and finally you can safeguard your legitimate rights and interests through court proceedings.

Legal basis:

Labor law of the people's Republic of China

Article 72

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

People's Republic of China (PRC) social insurance law

Article 63

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Article 58

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, 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.