Regarding the employer s non payment of social insurance

Legal analysis: The employer cannot afford to pay social insurance, as long as the labor relationship is established, the employer needs to pay social security to the employee. If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract and request the employer to pay the economic compensation.

Legal basis: "The People's Republic of China's Social Insurance Balance Banquet Practice".

Article 58 Paragraph 1 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. Those who have not completed social insurance registration shall be subject to the social insurance agency to verify the social insurance premiums they should pay.

Article 10 Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.

If the employer does not pay social insurance, it can negotiate with the company; If the company still does not pay social security after negotiation, you can file a complaint with the labor inspection department; After the labor inspection negotiation failed, they applied to the social security service center for labor arbitration and litigation.

Legal basis: Article 58 of the Social Insurance Law.

The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. Those who have not completed social insurance registration shall be subject to the social insurance agency to verify the social insurance premiums they should pay.

Voluntary participation in social insurance, non-employed individual industrial and commercial households, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number.

An individual's social security number is a citizenship number.

If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract and claim economic compensation from the employer.

Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the employer, and if it is more than 6 months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The consequence of the employer's failure to pay social security is to apply for labor arbitration or report and complain to the local labor and social security department. According to the relevant provisions of the Labor Law, the employer must sign a labor contract with the employee and purchase insurance, so the purchase of social insurance is a must, which is a compulsory insurance, so if the company does not pay social insurance, it can negotiate with the employer to settle the problem, and if the negotiation fails, apply for labor arbitration or report and complain to the local labor and social security department, which can be effectively resolved.

Legal basis

Article 16 of Article 8 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount of the outstanding payment.

Article 38 of the Labor Contract Law of the People's Republic of China.

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.

If an employer forces an employee to work by means of violence, threats or illegal restrictions on his or her 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.