The employer does not pay social security after resignation how to compensation

How to compensate after resignation due to non-payment of social security by the employer is as follows:

1. When a worker terminates the labor contract due to non-payment of social security by the employer, the employer shall pay economic compensation.

2. The economic compensation is calculated according to the number of years the laborer has worked, and one month's salary is paid for each full year.

3. If a worker is not given one month's notice to terminate the contract, he/she shall be compensated with one additional month's salary.

4. When the contract is illegally terminated and there are circumstances under which the labor contract cannot be terminated, the worker may demand double compensation.

Social security rights and interests:

1. Social security rights and interests stipulated by the law: employers should pay social insurance premiums for employees in accordance with the state regulations, including pension, medical care, unemployment, work-related injuries, and maternity insurance;

2. Importance of social security payment: social insurance provides employees with basic living and medical protection, and is an important part of the rights and interests of employees;

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3, the legal consequences of social security violations: employers who do not pay social security in accordance with the provisions of the employer may face administrative penalties, retroactive payment of social security fees and late fees and other legal liabilities;

4, the employee's right to defend the rights and interests of employees: employees can maintain their rights and interests of the social security through labor inspection, labor arbitration, lawsuits and other means;

5, the social security dispute resolution: in the case of disputes over social security payments. can be resolved through consultation, mediation, arbitration or litigation.

In summary, when the employer fails to pay social security resulting in the termination of the labor contract, the economic compensation should be paid according to the number of years of service, without prior notice of an additional month's wages, illegal termination of the contract and violation of the conditions of termination, the worker has the right to demand double compensation.

Legal basis:

The Chinese People's **** and the State Labor Contract Law

Article 38

The employer has one of the following circumstances, the worker can terminate the labor contract:

(a) not in accordance with the agreement of the labor contract to provide labor protection or labor conditions;

(b) not pay the labor remuneration in full and on time;

(c) not to pay the labor contract in full. (ii) Failure to pay labor remuneration in full and on time;

(iii) Failure to pay social insurance premiums for workers in accordance with the law;

(iv) Where the rules and regulations of the employer are in violation of laws and regulations and are detrimental to the rights and interests of the workers;

(v) Where an employment contract is null and void due to the circumstances stipulated in the first paragraph of Article 26 of the Law;

(vi) Other circumstances in which a worker may terminate an employment contract as provided for by laws and administrative regulations. may terminate the labor contract under other circumstances.

If an employer forces a worker to work by means of violence, threat, or unlawful restriction of personal freedom, or if the employer directs or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notice to the employer.

Article 46

The employer shall pay economic compensation to the worker in any of the following cases:

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

(2) if the employer proposes the termination of the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and terminates the labor contract by mutual agreement with the worker (c) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

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

(e) The employer terminates the fixed-term labor contract in accordance with the provisions of the first subparagraph of Article 44 of this Law, except for the case in which the employer maintains or raises the terms and conditions of the labor contract, and the worker does not agree to the renewal.

(vi) termination of the labor contract in accordance with the provisions of the fourth and fifth subparagraphs of Article 44 of this Law;

(vii) other cases stipulated by laws and administrative regulations.