The company did not pay social security how to do

The way to deal with it is as follows:

1. Terminate the labor contract on the grounds that the unit has violated the law and ask for payment of economic compensation.

According to the regulations, if the social insurance is not paid for the workers in accordance with the law, the workers can hereby terminate the labor contract and ask for payment of economic compensation. This is a better way to terminate the labor contract. Failure to pay social security in accordance with the law includes failure to pay or failure to pay in full, and if the unit has such illegal behavior, it can not only terminate the labor relationship, but also ask for economic compensation.

2, the failure to pay social security according to law leads to the loss of workers, you can ask the employer to compensate for the loss.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), the people's court shall accept a dispute in which a worker requests the employer to compensate for the loss on the grounds that the employer has failed to carry out the social insurance formalities for the worker and the social insurance agency is unable to make up for this failure so as to make the worker unable to enjoy the social insurance benefits. For example, the employer did not pay medical insurance for the laborers in accordance with the law, the part of the workers should be borne by the medical insurance when they fall ill, you can ask the employer to bear the loss of unemployment insurance, and even a local court ruled that can be supported by the loss of old-age insurance and so on can be supported.

3. Report to the social security agency and ask the employer to pay back the social security.

According to the relevant provisions, the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the payment or make up the full amount, and from the date of arrears of payment, the late payment fee of five ten thousandths of a cent shall be added on a daily basis; if the payment is still not made after the expiration of the period, the relevant administrative department shall impose a fine of more than double the amount of the arrears of payment and not less than triple the amount of the fine. After the social security payment of social security arrears into the worker's social security account, the ultimate benefit of the workers, but the practice of many workers do not pay attention to this right.

Because it is the employee's duty to pay social security contributions, if the employee finds out that the employer has not paid the contributions, he or she can report the case to the social security organization and ask the employer to pay the contributions. The employee may also choose to terminate the labor contract and demand payment of economic compensation. If the failure to pay the social security payment leads to the loss of the laborer, the employer can be asked to compensate for the loss.

Legal basis:

Social Insurance Law of the People's Republic of China

Article 63 If an employer fails to pay the social insurance premiums in full and on time, it shall be ordered to pay the premiums within a certain period of time or make up for the full amount by the social insurance premium collection agency.

If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of the employer's banks and other financial institutions; it may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the banks or other financial institutions where the employer's accounts are maintained of the allocation of the social insurance premiums. If the balance in the account of an employer is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferring payment of the premiums.

If the employer fails to pay the social insurance premiums in full and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equivalent to the social insurance premiums that should be paid, and the proceeds from the auction will be used to offset the payment of social insurance premiums.