What should I do if the company does not pay social insurance?

The company does not pay social security.

1. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish a labor relationship between the employer and the employee from the date of employment, conclude the labor contract and pay social insurance within one month. If the employer does not sign a labor contract and does not participate in the pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law. You may do so in accordance with Articles 38 and 1 of the Labor Contract Law.

Four. Ten. 6. Article 47 stipulates that (i.e., Article 38 An employee may terminate a labor contract under any of the following circumstances:3) Failure to pay social insurance premiums for workers in accordance with the law;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;Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

Terminate the labor relationship and request to claim to the unit:

1. Pay one month's economic compensation for each full year.

2. Make up the social security during the period of labor relations.

3. If the labor contract is not signed, double wages for up to 12 months shall be paid. (Note that there is a one-year statute of limitations).

Two. When protecting your legitimate rights and interests, you need to collect and retain relevant evidence to prove the existence of the employment relationship. Specifically, according to the notice of the Ministry of Labor and Social Security on matters related to the establishment of labor relations (May 25, 2005, Lao She Bu Fa [2005] No. 12), "2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of labor relations between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

You may provide labor materials based on (2) the "work permit", "service certificate" and other documents that can prove your identity (not limited to this provision) issued by the employer to the employee. Of course, the more evidence, the better.

3. It is recommended that you negotiate with the unit to solve the problem first. If the negotiation is not reached, you should provide materials to prove the labor relationship and submit a request for labor arbitration to the labor inspection department or labor arbitration department, or it is recommended that you file a lawsuit directly with the people's court where you are located to claim your rights and interests.

How to deal with the company's failure to pay social insurance:

According to the provisions of the Labor Contract Law, enterprises and employers must sign labor contracts and pay various social insurance premiums, including pension insurance premiums, for employees. If the enterprise does not sign a contract and does not pay the pension insurance premiums, the employee can complain to the labor inspection agency under the local labor and social security department, and ask them to help urge the enterprise to go through the insurance procedures and pay the pension insurance premiums for you.

After receiving the report, the labor inspection department has the right to go to the relevant enterprise to conduct an inspection, and if the problem is found to be true, it should punish the enterprise that does not pay the pension insurance as required.

Social insurance is the "life money" of workers, which allows them to receive material help when they are old, unemployed, give birth, or lose their ability to work due to work-related injuries.

According to the provisions of the Social Insurance Law, if an employer fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the amount to be paid shall be determined according to 110% of the previous month's contribution of the employer; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

If the employer fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the amount payable shall be determined according to 110% of the amount paid by the employer in the previous month. This amount is determined on the basis of the employer's previous month's contributions, with due regard to the increase in social insurance premiums, and is a presumptive amount, which may be higher than the actual amount of social insurance premiums payable by the employer, or may be lower than the actual amount payable.

According to the "Interim Regulations on the Collection and Payment of Social Insurance Premiums", if there is no amount paid in the previous month, the amount payable may be temporarily determined according to the business conditions of the unit, the number of employees and other relevant circumstances.

If the employer fails to declare the amount to be paid in accordance with the regulations, the social insurance premium collection agency shall also order the employer to complete the declaration formalities within the specified time limit. After the employer completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

What should I do if the unit does not pay the pension insurance? According to the provisions of the Social Insurance Law, if an employer fails to pay social insurance premiums on time and in full, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit.

If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.

One: If you haven't paid the insurance for one and a half years, you can make up the payment. Don't say that one and a half years, two years, or five years, you can make up the payment, this is the unit deceiving you.

Two: Since you have resigned, you are not afraid to turn your face with the unit. If you want to ask the other party to pay back the insurance for you, you can go to the labor and social security department of your employer to complain and ask it to make up for the one and a half years of insurance you are missing.

The so-called labor and social security department to which your unit belongs, for example, if your unit's address is in Xuanwu District, Nanjing, then you can go to the labor and social security office of Xuanwu District to complain) As soon as you file a complaint, the labor and social security department has a "counter-proof" attitude towards this part, that is, you do not need to provide anything, but he will ask your unit to provide materials such as the materials that have paid insurance for you, and so on. This aspect is relatively simple, but for you, you have to keep the labor contract signed between you, if there is no labor contract, there is a salary slip given to you by the unit, your clock-in record at work, etc., or your employer to your bank card salary records, these are strong evidence with legal effect, you should keep it in case of emergency.

3. If you are a foreigner and do not need this insurance, you can ask him to pay you the amount of insurance in cash in a lump sum, and if the other party does not agree, you can still submit this request to the labor and social security department, and it will also be supported. However, there are pros and cons to this operation, if you do not put pressure on it through the labor and social security department, the other party may not agree to your request, but if you go through the labor and social security department, many labor insurance offices will still require you to pay insurance according to the law.

Labor-management relations must be evidenced. Only when there is evidence can we sue him.

What should I do if the company does not pay the social insurance hail insurance? What should I do if the company does not pay social insurance, and if the company does not sign a contract and does not pay pension insurance premiums, employees can go to the labor inspection agency under the local labor and social security department to complain and report, and ask them to help urge the enterprise to go through the insurance procedures and pay the pension insurance premiums for you. Article 83 of the Social Insurance Law provides that if an employer or individual believes that the act of a social insurance premium collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Employers or individuals may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law against the social insurance agency for failing to register for social insurance, verify social insurance premiums, pay social insurance benefits, go through formalities for the transfer and continuation of social insurance, or infringe upon other social insurance rights and interests. If an individual has a social insurance dispute with his or her employer, he or she may apply for mediation, arbitration, or file a lawsuit in accordance with the law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administration department to disturb the door or the social insurance premium collection agency to punish the employer in accordance with the law.

Article 86 Where 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 an additional 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. Do you understand this explanation?

If the company fails to pay social insurance, the employee may urge the company to pay in time; If the company refuses the employee's request, the employee may report or complain to the social insurance premium collection agency, which will order the company to make up or make up the amount within a time limit, and impose a late fee on the employee in accordance with the law.

Legal basis] Article 84 of the Social Insurance Law of the People's Republic of China.

If the employer fails to register for the social insurance register, the social insurance administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge and other persons directly responsible for the split search shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 86.

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.

Legal analysis: Order to pay or make up within a time limit, and from the date of non-payment, a late fee of 5/10,000 per day will be charged, and a fine shall be imposed if it is still not paid. According to 110% of the previous month's payment amount of the unit, the amount to be paid by Hui Pai Qi shall be determined; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

Legal basis: Social Insurance Law of the People's Republic of China

Article 62 Where an employer fails to declare the amount of social insurance premiums to be paid in accordance with regulations, the amount to be paid shall be determined according to 110 percent of the amount paid by the unit in the previous month; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

Article 86 Where 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 in arrears.

Legal analysis: If the unit fails to declare the amount of social insurance premiums that should be paid in accordance with the regulations, the amount to be paid shall be determined according to 100% of the unit's previous month's payment; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

Legal basis: Article 62 of the Social Insurance Law of the People's Republic of China If an employer fails to declare the amount of social insurance premiums that should be paid in accordance with the regulations, the amount to be paid shall be determined according to 110% of the amount paid by the employer in the previous month; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

The company's failure to pay social security can be dealt with in the following ways: first, it negotiates with the unit, and if the agreement is reached, the employer purchases social security for the employee; Second, if the two parties fail to reach an agreement through negotiation, the employee can apply to the local Zuohui Labor Dispute Arbitration Commission for arbitration and request the employer to pay the fee. According to the relevant laws and regulations, 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.

1. How should the employer compensate for not paying social security and signing the contract?

Compensation for the company's failure to sign a contract and not pay social security: 1The company does not sign the contract compensation issue:

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. 2.Compensation for the company's non-payment of social security:

The social insurance premium collection agency will order the employer to pay or make up the amount within a time limit, and if the social insurance premium is not paid on time and in full, the overdue fee of 5/10,000 per day will be imposed. 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.

2. What should I do if the company does not help employees pay social security?

The company did not pay social security to employees within half a year, and it can be made up. The company shall not defer or reduce the payment except for force majeure and other statutory reasons. If the company fails to pay the social insurance premiums on time and in full, the insurance premium collection agency shall order it to pay or make up within a time limit, and from the date of non-payment, it will be charged a late fee of 5/10,000 per day on a daily basis.

Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay. Individually-owned businesses without employees who voluntarily participate in social insurance, 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.

Article 84 Where an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a set period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.