How to write the explanation that the unit has not paid social security?

If the unit fails to pay social security, the laborer may ask the unit to pay in time or report to the social insurance administrative department, which shall order the unit to make corrections within a time limit; If no correction is made within the time limit, the unit and its directly responsible personnel shall be fined respectively.

1. The plaintiff signed the letter of commitment to give up social security, indicating that the plaintiff voluntarily enjoyed the social security subsidy paid by the defendant and gave up social security payment. Afterwards, the plaintiff dissolved the labor relationship and advocated economic compensation, which violated the principle of good faith and the court did not support it.

2. If the transferee fails to take the initiative to investigate whether the employee's social insurance is paid before the equity transfer, it is his duty of care. If he knows that he did not pay social security for his employees before the equity transfer, he shall not be held accountable for the above responsibilities of the transferor after the equity change is completed.

According to the law, the employer shall pay social insurance for the workers. If the employer fails to pay the overdue fine in accordance with the provisions of the administrative organ, and there is evidence to prove that the employer fails to pay social insurance and give social security subsidies to the workers, the workers shall return them.

4. The burden of proof for claiming compensation for actual losses caused by uninsured is on the laborer.

If the company fails to pay social security, workers can claim compensation according to law.

The company will face the following consequences: if the employee terminates the labor contract because the company fails to pay social security, he can ask the company to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

(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 settled through consultation, they can be submitted to arbitration.

To sum up, if the company fails to pay social security to employees, employees can apply to the local labor department for labor arbitration. If the company still refuses to pay social security after arbitration, it can apply for solving the problem through litigation, and the company as a legal person will generally be fined accordingly.

Legal basis:

Article 84 of the Social Insurance Law of People's Republic of China (PRC)

If the employer fails to apply for social insurance registration, 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.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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.