What if the new employee company does not provide social security?

Whether the company fails to pay social security in the month of employment can be divided into two situations: 1. If the employment time is before 15 of the current month, social security shall be paid in the current month; If you don't pay, you can ask to pay the social security of the month; 2. If the employment time is after 15 of the current month, social security can be paid in the next month; It's legal. You don't have to return it.

Legal analysis

The labor relations between employees and employers are protected by law. The employer shall pay various social insurances for employees according to law, which is the statutory obligation of the employer. At the same time, according to the relevant laws and regulations, the employer shall pay the basic old-age insurance premium according to the proportion of the total wages of its employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Employees can collect evidence such as payroll to prove the salary amount. At the same time, ask the social security bureau about its social security payment base to fix and keep the evidence. Then, the employee can negotiate with the employer and ask the employer to pay insurance for the employee in time. If the employing unit refuses to perform, and the employing unit fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, a late fee of 5/10000 shall be charged on a daily basis; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed. So employees can complain to the local social security bureau in time. The social security bureau shall order the employer to pay within a time limit. At the same time, employees can also terminate the labor relationship with the employer on the grounds that the employer has not paid the insurance in full, and ask the employer to pay economic compensation.

legal ground

Labor law of the people's Republic of China

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100th If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee.