if an employer fails to participate in social security and violates the provisions of the labor contract law and the social insurance law, it may demand economic compensation. The standard of economic compensation is to pay the employee one month's salary every full year; if it is more than six months but less than one year, it will be counted as one year; if it is less than six months, it will pay the employee half a month's salary.

legal analysis

when an employer applies for social insurance registration for its employees, it mainly means that the employer should apply for social insurance registration for its employees at the same time as applying for social insurance registration at the social insurance agency. The time requirement is to apply for it within 3 days from the date of employment of the employer. The employing unit has existed for a certain period of time and applied for social insurance registration for its original employees. After recruiting new employees, it shall apply for social insurance registration for the newly recruited employees at the local social insurance agency within 3 days from the date of recruitment. According to the previous provisions of the Social Insurance Law, the employer shall apply for social insurance registration. In practice, due to various reasons, employers do not apply for social insurance registration from time to time. For example, some employers don't understand and are not familiar with social insurance laws and regulations, and they don't know that they have to apply for social insurance registration with social insurance agencies. Some employers don't apply for social insurance registration in order to avoid paying social insurance premiums. Units that have not registered for social insurance generally do not declare and pay social insurance premiums themselves. According to this law, if an employer fails to apply for social insurance registration according to law, the amount of social insurance premium that the employer should pay shall be directly approved by the social insurance agency.

Legal Basis

Social Insurance Law of the People's Republic of China

Article 58 An employer shall apply for social insurance registration for its employees within 3 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

article 63 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 within a time limit. If the employer fails to pay or make up the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; And may 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 bank 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 premium that should 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 premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up and auction the property whose value is equivalent to the social insurance premium payable, and use the auction proceeds to offset the social insurance premium.