What if the company doesn't buy social security until retirement?

What if the company doesn't buy social security until retirement?

If the company fails to purchase social insurance for its employees according to the regulations, resulting in employees being unable to enjoy pension insurance benefits after retirement, employees can take the following measures:

Negotiate with the company first.

First of all, employees can negotiate with the company and ask the company to pay social insurance premiums for them in accordance with state regulations. If the company agrees to pay back the payment, the employee can apply to the local social security department to make sure to pay back the payment on time in the future, and ensure that the accumulated payment will be over 15 years when reaching the statutory retirement age.

Second, complain to the labor inspection department.

If the company refuses to pay social insurance premiums for employees, employees can complain to the local labor inspection department. The labor supervision department will investigate the company and ask the company to pay social insurance premiums for employees according to the results of the investigation.

Three, apply for labor arbitration or bring a lawsuit.

If the above two methods can't solve the problem, employees can apply to the local labor arbitration institution for arbitration or bring a lawsuit to the people's court, asking the company to compensate the losses caused by their failure to pay social insurance.

To sum up:

If the company fails to purchase social insurance for employees according to the regulations, employees can take measures such as consulting with the company, complaining to the labor inspection department, applying for labor arbitration or bringing a lawsuit to safeguard their legitimate rights and interests.

Legal basis:

Article 10 of the Social Insurance Law of People's Republic of China (PRC) stipulates that employees should participate in the basic old-age insurance, and both employers and employees should pay the basic old-age insurance premium. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

At the same time, Article 85 of the Labor Contract Law of People's Republic of China (PRC) stipulates that if the employer fails to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations, the labor administrative department shall order him to pay the labor remuneration within a time limit; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.