if the company fails to pay social insurance according to law, the employee can immediately terminate the labor contract on this ground and ask the employer to pay economic compensation. The economic compensation is calculated according to the number of years the laborer has worked in this unit. Pay one month's salary every year. For more than six months but less than one year, one month shall be paid; Less than six months, pay half a month.

legal analysis

if the company fails to pay social security, the employee can immediately terminate the labor contract on this ground. Moreover, in this case, the unit that terminates the labor contract shall pay the laborer economic compensation, which shall be paid to the laborer according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid half a month's salary. If the company fails to pay social insurance, the employee can terminate the labor contract at any time and go through normal resignation procedures, and the employee has the right to ask the employer to pay the social insurance premium. It is illegal for the employer to violate the provisions of the law and not pay or not pay according to the regulations, and all of them need to bear corresponding legal responsibilities. The people's court shall accept any dispute arising from the fact that the employer fails to go through the social insurance formalities for the employee and the social insurance agency cannot make up for it, which leads to the employee's inability to enjoy social insurance benefits. It is in compliance with laws and regulations to pay a certain percentage of social security for employees of the company. If there is a phenomenon of non-payment, workers can promptly report or report to the local labor department to safeguard their legitimate rights and interests. At the same time, social security, industrial injury insurance, medical insurance and other welfare benefits should be explained in detail during the employee's employment to ensure the employee's right to know.

Legal Basis

Article 38 of the Labor Contract Law of the People's Republic of China * * * If the employing unit is under any of the following circumstances, the employee may terminate the labor contract: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage 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 in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employer in advance.