Can employees voluntarily refuse to pay social security and ask the company for compensation?

Workers can still claim that employers pay social security, which is basically recognized in arbitration and courts, because employers pay social security to workers in accordance with the law.

The employer voluntarily terminates the labor relationship, which is what we often say-dismissal/persuasion/dismissal; Voluntary dissolution of labor relations by employers can be divided into legal dissolution and illegal dissolution;

Even if it is dissolved according to law (for example, employees seriously violate the company system, causing serious losses to the employer, etc.). ), employees can still claim that the employer pays social security, which is basically recognized in arbitration and courts, because it is legal for the employer to pay social security to employees.

What if the unit doesn't pay social security?

Many employers fail to pay social insurance for their employees. How do workers claim their rights? First of all, if the employer has not signed a labor contract with the employee, the employee should keep some evidence of the factual labor relationship with the employer. (such as work permit, tooling, salary slip and other evidence) In addition, it is best to find evidence of the employee's starting time in the employer, which is conducive to calculating the time when insurance should be paid.

According to the relevant provisions of the Labor Contract Law, if the employer fails to pay social insurance to the employee, the employee may terminate the labor contract and ask the employer to pay economic compensation. Economic compensation is determined according to the working years of the workers. Pay one month's salary every full year, six months or more for one year, and six months for the second half of the year. (The monthly salary refers to the average salary of the laborer 12 months before the dissolution or termination of the labor contract. If the employer dissolves or terminates the labor contract illegally, it shall pay double economic compensation to the laborer.

Labor dispute cases need to go through arbitration procedures before they can be brought to court, so workers can only file arbitration with the local arbitration commission first. If they refuse to accept the arbitration award or the arbitration commission, they can bring a lawsuit to the court and ask the employer to pay social insurance and economic compensation.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 38 of the Labor Contract Law stipulates that if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract at any time without taking any responsibility.

The Administrative Regulations on the Declaration and Payment of Social Insurance Premium requires that the employer shall register social insurance for its employees and declare and pay social insurance premiums within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

The social insurance premiums mentioned in the regulations refer to the basic old-age insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by employers and their employees according to law.

According to the regulations, the employer shall inform the employees themselves of the details of the payment of social insurance premiums on a monthly basis, inform the employees' congress of the unit every year or announce the payment of social insurance premiums in a prominent position in the unit's residence, and accept the supervision of the employees. The details and changes of the payment declared by the employer on behalf of the employee must be signed by the employee himself and kept by the employer for future reference.

In view of the fact that some employers fail to pay social insurance premiums in full and on time, the regulations are clear. The social insurance agency shall order it to pay within a time limit or make up for it, and impose a late payment fee of 0.5‰ on a daily basis from the date of default; If it fails to pay within the time limit, the administrative department of social insurance shall impose a fine of 1 times and less than 3 times.