If the employer does not pay social insurance and resigns without using this as a reason, can I clai

If the employer fails to pay social security for the employee in accordance with the law, the employee may claim compensation when he or she resigns.

The responses there should be the most authoritative, comprehensive, and accurate.

Good luck!

If the employer fails to pay social insurance premiums and the employee resigns, the employer may be required to pay economic compensation.

According to Paragraph 3 of Article 38 of the Labor Contract Law, if an employer fails to pay social insurance premiums for an employee in accordance with the law, the employee may terminate the labor contract. In accordance with the provisions of Paragraph 1 of Article 46, the employer shall pay economic compensation to the employee.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

As for the reason for the resignation of the employee, it is not the problem, but the main aspect of the problem is that the employer violates the law. There can be a process for the employee's understanding, and as long as the employer's claim for economic compensation is reasonable on the grounds that the employer does not pay social insurance premiums in accordance with the law, it should be supported.

Hello, according to the law, if you did not give this reason when you resigned, it will not be supported to claim compensation on this ground. I don't know if you have submitted a letter of resignation, if you have not submitted a letter of resignation and there is no written proof of resignation, you can apply for labor arbitration, but you do not say that you have resigned, you can request a ruling to terminate your labor contract on the grounds that the employer has not paid social insurance premiums for you, so that you can claim compensation. The reason why this is possible is because if the employer cannot prove your resignation, then your resignation is legally invalid.

You can take advantage of the loopholes in the law. Hope it helps.

If you resign for the reason that you do not pay social security, the unit should pay compensation, and you don't need to be notified in advance. In addition, you can also ask the employer to make up the social security payment. If the company does not pay social insurance, the employee has the right to terminate the labor contract, and the company shall pay economic compensation.

If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee has the right to terminate the labor contract immediately without written notice or prior notice. In addition, the employer shall also pay severance to the employee, and if the severance is not paid, it shall also pay twice the severance payment. The employee has the right to claim compensation from the employer on the grounds that the employer has not completed the social insurance formalities for him, and the social insurance agency cannot make up for it, resulting in the inability to enjoy social insurance benefits.

According to Article 38 of the Labor Contract Law, the employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

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

4) The rules and regulations of the employer violate the provisions of laws and regulations, and harm 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 labor contract may be terminated by laws and administrative regulations.

Article 46 stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee:

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

Yes, and negotiate with the unit to make up the payment, but if the negotiation fails, apply for arbitration.

You can resign on the grounds of non-payment of social security, and ask for compensation according to the number of years of service, and one month's salary after one year of service.

1. Can a single bridge resign if it does not pay social insurance, and the employer and the worker must participate in social insurance in accordance with the law. If the employer does not pay social insurance premiums for the worker and handles the due social insurance, it will infringe on the interests of the worker. Once this happens, the employee can take the initiative to terminate the labor contract.

In addition, the Labor Contract Law also stipulates that social insurance is a mandatory clause of the labor contract, and clearly stipulates that participating in social insurance and paying social insurance premiums are the legal obligations of both employers and employees, which must be fulfilled by both parties.

2. Whether resignation can be claimed for economic compensationThe economic compensation for the termination of a labor contract stipulated in the Labor Contract Law refers to the fact that if the contract is not renewed upon expiration or the employer dismisses the employee in advance before the contract expires, the employer shall give the employee a certain amount of economic compensation, with the aim of solving the employee's living difficulties before he or she finds a new job. If an individual employee asks to resign in order to find another job, the employer will not give economic compensation. If an employee requests to terminate the labor contract in advance, it is a breach of contract by the employee and the employee shall bear liquidated damages.

However, according to the new Labor Contract Law, "the amount of liquidated damages shall not exceed the training fees provided by the employer." "If your employer does not provide you with training fees, you will not be liable for liquidated damages.

3. What should I do if the employer does not pay social insuranceMany employers have not paid social insurance to their employees, so how should 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 existence of a de facto labor relationship with the employer. In addition, it is best to find evidence of the time when the employee started working at the employer, which is conducive to calculating the time when the 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 require the employer to pay severance compensation. Severance is determined on the basis of the number of years of service of the worker. One month's salary is paid for each full year, one year for more than six months but less than one year, and half a year for less than six months.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. If the employer illegally dissolves or terminates the labor contract, the employer shall pay double the severance to the employee. Labor dispute cases need to go through arbitration procedures before they can be filed with the court, so the employee can only file an arbitration with the local arbitration commission first, and after being dissatisfied with the arbitration award or the arbitration commission does not accept it, he can file a lawsuit with the court to require the employer to pay social insurance and pay economic compensation.

If the employer does not pay social security, can it claim compensation if it resigns?

1. If the employee terminates the labor contract in accordance with the law due to the employer's non-payment of the social auction insurance, the employer shall pay compensation for the economic compensation for the burial of the extremity;

2. If the employee is unable to reimburse the medical insurance premium due to the employer's failure to pay medical insurance, the employee may claim compensation from the employer;

3. If the employee is unable to receive unemployment insurance after unemployment due to the employer's failure to pay unemployment insurance, he or she may claim compensation from the employer;

4. If the employee is unable to receive the pension insurance after reaching the retirement age due to the employer's failure to pay the pension insurance, the employer may claim compensation from the employer.

Within one year of resignation, you can apply for labor arbitration and request for supplementary payment of social security.

Hello, you can claim compensation. If the company does not pay social insurance, the employee may request to pay severance when he or she leaves the company. If a labor contract is required and more than one month has elapsed since the establishment of the labor relationship, the company may claim that the company has signed a labor contract with the employee, and the company may be required to pay double wages from the second month of work to the 12th month in accordance with the law.

Ask for retroactive contributions to all social security payments during the working period. If you do not make a supplementary payment, it will be converted in cash. Legal basis:

Article 38 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; 2) Failure to pay labor remuneration in full and in a timely manner; 3) Failure to pay social insurance premiums for workers in accordance with the law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm 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 labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (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) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

I hope my answer can help you, and you have a happy National Day in advance.

If you don't pay social security, this is illegal, I think you should first reflect this situation to the labor bureau, because here you can ask for compensation for you, even if you go to the boss, the boss can also tell you, you go to ask for compensation, he just won't give it to you, and if you report to the relevant departments, the boss can't do it even if he wants to pay the debt, he doesn't pay social security is illegal, the relevant departments must deal with this matter, you ask for compensation is in accordance with the requirements of the law, but if he doesn't compensate, you can report him again, and then he wanted to be fined again, so he went directly to the labor bureau first, reported the matter, and then asked clearly.

If the employer has not paid social security to you, this is obviously a violation of China's labor law, and you can go to court to sue the other party for compensation.

Because strictly according to the labor law, the employer must pay social security, so it can be said that compensation can be claimed.

Some units just don't pay social security, which is explained before you join the company, so there is no compensation for your resignation.

Social security is not necessarily mandatory. Therefore, it is impossible to support you in the matter of asking for compensation.

If the employer does not pay social security, can it claim compensation if it resigns? I think if you have been working in the company for a long time, if you leave the company, you can ask David to compensate you a little.

Legal Analysis: You can get economic compensation after claiming.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee Hongna may request the termination of the labor contract.

Article 46 If a worker terminates a labor contract in accordance with Article 38 of the Labor Contract Law, the employer shall pay severance to the person who has lost the labor contract.