The company has not had five insurances and one housing fund for two years, and it is not a crime to

The labor law requires all employers to pay social insurance for their employees, which is known as the five insurances. In some places, it is not mandatory to pay a pension, so some companies do not pay housing provident fund to employees. If it is illegal for an enterprise to fail to pay social security to its employees, the employees can request the enterprise to pay social insurance, or they can report to the labor department, which will compel the company to pay social security for the employees.

If you file a lawsuit with the company, you will have to pay two years of social security fees at most, but the relationship with the company will be stiff, and you will not even be able to work in the company.

Article 58 of the Social Insurance Law clearly stipulates that 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.

Article 84 of the Social Insurance Law stipulates that if an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified 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.

If it violates the law, there is no need to file a lawsuit, go to the labor bureau to complain, and let the unit make up the payment.

If the company fails to pay the five social insurances and one housing fund of the parties, it can require the company to compensate according to the number of years of service, that is, pay one month's salary for each full year, and if the company refuses to compensate, it can report to the labor inspection department. Article 38 of the Labor Contract Law of the People's Republic of China: An employee may terminate a labor contract if the employer falls 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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.

If the employer fails to pay the five social insurances and one housing fund, according to the provisions of the Labor Law, it can file a complaint with the local labor inspection brigade and request the employer to make up the payment.

Five insurances and one housing fund refer to the collective name of several types of protective benefits given by employers to employees, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund.

"Five insurances" refers to five types of insurance, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance; "One gold" refers to the housing provident fund. Among them, endowment insurance, medical insurance and unemployment insurance, these three types of insurance and housing provident fund are the premiums paid by enterprises and individuals, and work-related injury insurance and maternity insurance are completely borne by enterprises and do not need to be paid by individuals. It should be noted here that the "five insurances and one housing fund" are statutory.

Social security is made up through labor arbitration.

If you fail to pay social security, the employer shall also give you economic compensation, one month's salary according to the number of years of service, and half a month's salary if you are less than one year.

It is made up according to the amount due to be paid.

Legal analysis: Yes, but labor disputes need to go through labor arbitration first, and if one of the parties is dissatisfied with the arbitration award, a civil lawsuit can be filed with the people's court.

The legal basis is the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Summary. If the company does not pay five social insurances and one housing fund for the employee, the employee may request the employee to make up the amount. If the employee terminates the labor contract on this ground, the employee can claim economic compensation based on the number of years he has worked in the employer, and he or she can receive one month's salary for every year of service.

If the company does not pay five social insurances and one housing fund for the laborer, the labor wheel picker can ask him to make up for the rotten tung imitation hunger. If the employee terminates the labor contract on this ground, the employee can claim economic compensation based on the number of years he has worked in the employer, and he or she can receive one month's salary for every year of service.

Article 63 of the Social Insurance Law of the People's Republic of China 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 social insurance premiums within the 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 and 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. Article 38 of the Labor Contract Law of the People's Republic of China: An employee may terminate a labor contract if the employer falls under any of the following circumstances:

If the company fails to pay the insurance premiums of five insurances and one housing fund in accordance with the regulations, it can be compensated according to your personal income.

It is the legal obligation of enterprises to pay social security for their employees. It is clearly illegal for an enterprise to fail to pay social security to its employees.

Employees can file for arbitration with the local labor arbitration institution with relevant documents (such as labor contracts, employee cards, payroll records, or bank statements of payroll) that can prove their employment in the enterprise. Require the enterprise to make supplementary social security contributions or make compensation.

You can apply for labor arbitration, apply for four years of back insurance premiums, or go to court to file a lawsuit.

Summary. Article 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the employee may terminate the labor contract. (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) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

Dear Bu Yin, hello, it is a pleasure to serve you How to file a lawsuit if the company does not pay five insurances and one housing fund: Employees who do not pay five insurances and one housing fund can apply for labor arbitration or labor inspection complaints and request supplementary payment of social insurance. Or the worker may request the termination of the labor contract and the payment of economic compensation on the grounds of non-payment of five social insurances and one housing fund.

Article 38 of the Labor Contract Law of the People's Republic of China provides that if an employer falls under any of the following circumstances, the employer may terminate the labor contract. (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) Failing to pay social insurance premiums for laborers 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;