How to calculate compensation if you don't pay social security

Legal analysis: the compensation standard for not paying social security is: first, the company needs to pay the social security fees owed, and the workers can ask for economic compensation. The employer needs to pay economic compensation according to the number of years the employee has worked in the unit, and pay economic compensation to the employee according to the standard of one month's salary every full year. If it is more than six months but less than one year, it will be counted as one year. If it is less than six months, the employee shall be paid economic compensation of half a month's salary.

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. 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 commands or forces him to work at risk in violation of regulations, the laborer may immediately.

There is no need to notify the employer in advance to terminate the labor contract.

Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Dissolving a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract, unless the employee does not agree to renew it.

Yes;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.