How can the boss compensate if he doesn't pay social security

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 negotiated, they can be submitted for arbitration!

Social security includes: endowment insurance, medical insurance, maternity insurance, industrial injury insurance and unemployment insurance. Endowment insurance is a kind of social security. The company buys social security for workers. Endowment insurance must be paid at least 15 years, as long as it exceeds 18 years old. How much to pay depends on the local base standard.

The payment ratio is as follows:

Unemployment insurance unit: 1. 3%; Personal: 0. 7%;

Maternity insurance unit: 0. 7%; Personal: no need to pay;

Work injury insurance unit: 0. 5%; Personal: no need to pay;

Pension insurance unit: 20%; Individuals: 8%;

Medical insurance unit: 8%; Personal: 2%.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 58 of the Social Insurance Law

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for solving the social insurance registration for its workers. If the social insurance registration is not resolved, the social insurance agency shall verify the social insurance premium it should pay.

According to Articles 38 and 46 of the Labor Contract Law

It is stipulated that if the employer fails to pay social insurance premiums for the workers according to law, the workers may terminate the labor contract and require the employer to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit.