Can Shanghai terminate the labor contract if it fails to pay social security in full?

Failure to pay social security in full may terminate the labor contract. It also requires the unit to pay social security and economic compensation according to the working years of the workers in the unit, and compensate one month's salary for every full year, half a month's salary for less than half a year and one month's salary for less than half a year.

How to compensate for canceling the labor contract without purchasing social security?

If the company fails to pay social insurance according to law, the employee can immediately terminate the labor contract on this ground and ask the employer to pay economic compensation. The economic compensation shall be calculated according to the number of years the laborer has worked in this unit. Pay a month's salary every year For more than six months but less than one year, one month shall be paid; Less than six months, half a month's salary.

To sum up, it is an important legitimate right of workers to participate in social insurance and enjoy social insurance benefits, and it is the legal obligation of employers to pay social insurance premiums for workers on time and in full. If the unit fails to pay the social insurance in full, it may apply for labor arbitration and require the employer to pay the social insurance premium, but this does not affect the termination of the labor contract.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 38

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.